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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
FAMILIES (750 ILCS 22/) Uniform Interstate Family Support Act. 750 ILCS 22/701
(750 ILCS 22/701)
Sec. 701. Definitions. In this Article: (1) "Application" means a request under the | | Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
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| (2) "Central authority" means the entity designated
| | by the United States or a foreign country described in Section 102(5)(D) to perform the functions specified in the Convention.
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| (3) "Convention support order" means a support order
| | of a tribunal of a foreign country described in Section 102(5)(D).
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| (4) "Direct request" means a petition filed by an
| | individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.
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| (5) "Foreign central authority" means the entity
| | designated by a foreign country described in Section 102(5)(D) to perform the functions specified in the Convention.
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| (6) "Foreign support agreement":
(A) means an agreement for support in a record
| | (i) is enforceable as a support order in the
| | (ii) has been:
(I) formally drawn up or registered as
| | an authentic instrument by a foreign tribunal; or
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| (II) authenticated by, or concluded,
| | registered, or filed with a foreign tribunal; and
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| (iii) may be reviewed and modified by a
| | (B) includes a maintenance arrangement or
| | authentic instrument under the Convention.
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| (7) "United States central authority" means the
| | Secretary of the United States Department of Health and Human Services.
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(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/702 (750 ILCS 22/702) Sec. 702. Applicability. This Article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 through 6, this Article controls.
(Source: P.A. 99-119, eff. 1-1-16 .) |
750 ILCS 22/703 (750 ILCS 22/703) Sec. 703. Relationship of the Illinois Department of Healthcare and Family Services to United States central authority. The Department of Healthcare and Family Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
(Source: P.A. 99-119, eff. 1-1-16 .) |
750 ILCS 22/704 (750 ILCS 22/704) Sec. 704. Initiation by Illinois Department of Healthcare and Family Services of support proceeding under Convention. (a) In a support proceeding under this Article, the Department of Healthcare and Family Services of this State shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution of a | | proceeding regarding an application in a tribunal of this State.
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| (b) The following support proceedings are available to an obligee under the Convention:
(1) recognition or recognition and enforcement of a
| | (2) enforcement of a support order issued or
| | recognized in this State;
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| (3) establishment of a support order if there is no
| | existing order, including, if necessary, determination of parentage of a child;
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| (4) establishment of a support order if recognition
| | of a foreign support order is refused under Section 708(b)(2), (4), or (9);
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| (5) modification of a support order of a tribunal of
| | (6) modification of a support order of a tribunal of
| | another state or a foreign country.
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| (c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting
| | enforcement of an existing support order of a tribunal of this State;
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| (2) modification of a support order of a tribunal of
| | (3) modification of a support order of a tribunal of
| | another state or a foreign country.
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| (d) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/705 (750 ILCS 22/705) Sec. 705. Direct request. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 706 through 713 apply. (c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: (1) a security, bond, or deposit is not required to | | guarantee the payment of costs and expenses; and
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| (2) an obligee or obligor that in the issuing country
| | has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.
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| (d) A petitioner filing a direct request is not entitled to assistance from the Illinois Department of Healthcare and Family Services.
(e) This Article does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/706 (750 ILCS 22/706) Sec. 706. Registration of convention support order. (a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in Article 6. (b) Notwithstanding Sections 311 and 602(a), a request for registration of a Convention support order must be accompanied by: (1) a complete text of the support order or an | | abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
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| (2) a record stating that the support order is
| | enforceable in the issuing country;
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| (3) if the respondent did not appear and was not
| | represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
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| (4) a record showing the amount of arrears, if any,
| | and the date the amount was calculated;
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| (5) a record showing a requirement for automatic
| | adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
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| (6) if necessary, a record showing the extent to
| | which the applicant received free legal assistance in the issuing country.
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| (c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under Section 707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/707 (750 ILCS 22/707) Sec. 707. Contest of registered Convention support order. (a) Except as otherwise provided in this Article, Sections 605 through 608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration. (c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable. (d) A contest of a registered Convention support order may be based only on grounds set forth in Section 708. The contesting party bears the burden of proof. (e) In a contest of a registered Convention support order, a tribunal of this State: (1) is bound by the findings of fact on which the | | foreign tribunal based its jurisdiction; and
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| (2) may not review the merits of the order.
(f) A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/708 (750 ILCS 22/708) Sec. 708. Recognition and enforcement of registered Convention support order. (a) Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order: (1) recognition and enforcement of the order is | | manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
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| (2) the issuing tribunal lacked personal jurisdiction
| | consistent with Section 201;
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| (3) the order is not enforceable in the issuing
| | (4) the order was obtained by fraud in connection
| | with a matter of procedure;
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| (5) a record transmitted in accordance with Section
| | 706 lacks authenticity or integrity;
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| (6) a proceeding between the same parties and having
| | the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;
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| (7) the order is incompatible with a more recent
| | support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this Act in this State;
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| (8) payment, to the extent alleged arrears have been
| | paid in whole or in part;
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| (9) in a case in which the respondent neither
| | appeared nor was represented in the proceeding in the issuing foreign country:
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| (A) if the law of that country provides for prior
| | notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
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| (B) if the law of that country does not provide
| | for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
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| (10) the order was made in violation of Section 711.
(c) If a tribunal of this State does not recognize a Convention support order under subsection (b)(2), (4), or (9):
(1) the tribunal may not dismiss the proceeding
| | without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
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| (2) the Illinois Department of Healthcare and Family
| | Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 704.
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(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/709 (750 ILCS 22/709) Sec. 709. Partial enforcement. If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
(Source: P.A. 99-119, eff. 1-1-16 .) |
750 ILCS 22/710 (750 ILCS 22/710) Sec. 710. Foreign support agreement. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State. (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreement; | | (2) a record stating that the foreign support
| | agreement is enforceable as an order of support in the issuing country.
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| (c) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is
| | manifestly incompatible with public policy;
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| (2) the agreement was obtained by fraud or
| | (3) the agreement is incompatible with a support
| | order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this Act in this State; or
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| (4) the record submitted under subsection (b) lacks
| | authenticity or integrity.
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| (e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/711 (750 ILCS 22/711) Sec. 711. Modification of Convention child-support order. (a) A tribunal of this State may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a | | tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
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| (2) the foreign tribunal lacks or refuses to exercise
| | jurisdiction to modify its support order or issue a new support order.
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| (b) If a tribunal of this State does not modify a Convention child-support order because the order is not recognized in this State, Section 708(c) applies.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/712 (750 ILCS 22/712) Sec. 712. Personal information; limit on use. Personal information gathered or transmitted under this Article may be used only for the purposes for which it was gathered or transmitted.
(Source: P.A. 99-119, eff. 1-1-16 .) |
750 ILCS 22/713 (750 ILCS 22/713) Sec. 713. Record in original language; English translation. A record filed with a tribunal of this State under this Article must be in the original language and, if not in English, must be accompanied by an English translation.
(Source: P.A. 99-119, eff. 1-1-16 .) |
750 ILCS 22/Art. 8
(750 ILCS 22/Art. 8 heading)
ARTICLE 8.
INTERSTATE RENDITION
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750 ILCS 22/801
(750 ILCS 22/801)
Sec. 801.
Grounds for rendition.
(a) For purposes of this Article, "governor" includes an individual
performing the functions of governor or the executive authority of a state
covered by this Act.
(b) The governor of this State may:
(1) demand that the governor of another state | | surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
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(2) on the demand of the governor of another state,
| | surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
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(c) A provision for extradition of individuals not inconsistent with
this Act applies to the demand even if the individual whose surrender is
demanded was not in the demanding state when the crime was allegedly
committed and has not fled therefrom.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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750 ILCS 22/802
(750 ILCS 22/802)
Sec. 802. Conditions of rendition.
(a) Before making a demand that the governor of another state surrender an
individual charged criminally in this State with having failed to provide for
the support of an obligee, the Governor of this State may require a prosecutor
of this State to demonstrate that at least 60 days previously the obligee had
initiated proceedings for support pursuant to this Act or that the proceeding
would be of no avail.
(b) If, under this Act or a law substantially similar to this Act, the
Governor of another state makes a
demand that the governor of this State surrender an individual charged
criminally in that state with having failed to provide for the support of a
child or other individual to whom a duty of support is owed, the governor may
require a prosecutor to investigate the demand and report whether a proceeding
for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not
been initiated, the governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and
the individual whose rendition is demanded prevails, the governor
may decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order, the
governor may decline to honor the demand if the individual is complying
with the support order.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/Art. 9
(750 ILCS 22/Art. 9 heading)
ARTICLE 9.
MISCELLANEOUS PROVISIONS
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750 ILCS 22/901
(750 ILCS 22/901)
Sec. 901.
Uniformity of application and construction.
In applying and
construing this Uniform Act consideration must be given to the need to promote
uniformity of the law with respect to its subject matter among states that
enact it.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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750 ILCS 22/902
(750 ILCS 22/902)
Sec. 902. Transitional provision. This amendatory Act of the 99th General Assembly applies to proceedings begun on or after the effective date of this amendatory Act of the 99th General Assembly to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/903
(750 ILCS 22/903) (was 750 ILCS 22/902)
Sec. 903. Severability. If any provision of this Act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act which can be given
effect without the invalid provision or application, and to this end the
provisions of this Act are severable.
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/904
(750 ILCS 22/904) (was 750 ILCS 22/905)
Sec. 904.
Repeal.
The Revised Uniform Reciprocal Enforcement of
Support Act is repealed on the effective date of this amendatory Act of 1997.
An action that was commenced under the Revised Uniform Reciprocal Enforcement
of Support Act and is pending on the effective date of this amendatory Act of
1997 shall be decided in accordance with that Act as it existed immediately
before its repeal by this amendatory Act of 1997.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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750 ILCS 22/905
(750 ILCS 22/905) (was 750 ILCS 22/903)
Sec. 905. Effective date. (See Sec. 999 for effective date.)
(Source: P.A. 99-119, eff. 1-1-16 .)
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750 ILCS 22/910
(750 ILCS 22/910)
Sec. 910.
Conflict.
If there is an apparent conflict between a provision
of this Act and a provision of any other law of this State, those provisions
must be construed so as to give effect to both of them if possible. If the
conflict is irreconcilable, the later of the provisions as passed by the
General Assembly governs.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 by P.A.
88-691 .)
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750 ILCS 22/950
(750 ILCS 22/950)
Sec. 950.
(Amendatory provisions; text omitted).
(Source: P.A. 88-550, eff. 1-1-95; text omitted.)
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750 ILCS 22/955
(750 ILCS 22/955)
Sec. 955.
(Amendatory provisions; text omitted).
(Source: P.A. 88-550, eff. 7-3-94; text omitted.)
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750 ILCS 22/960
(750 ILCS 22/960)
Sec. 960.
(Amendatory provisions; text omitted).
(Source: P.A. 88-550, eff. 7-3-94; text omitted.)
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750 ILCS 22/965
(750 ILCS 22/965)
Sec. 965.
(Amendatory provisions; text omitted).
(Source: P.A. 88-550, eff. 1-1-95; text omitted.)
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750 ILCS 22/970
(750 ILCS 22/970)
Sec. 970.
(Amendatory provisions; text omitted).
(Source: P.A. 88-550, eff. 7-3-94; text omitted.)
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750 ILCS 22/975
(750 ILCS 22/975)
Sec. 975.
(Amendatory provisions; text omitted).
(Source: P.A. 88-550, eff. 7-3-94; text omitted.)
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750 ILCS 22/999
(750 ILCS 22/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law,
except that Sections 100 through 910, and the provisions
amending Section 24 of the Revised Uniform Reciprocal Enforcement of
Support Act take effect January 1, 1996, and Section 965 takes effect January
1, 1995.
(Source: P.A. 88-550, eff. 7-3-94; 88-691, eff. 1-24-95.)
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