Public Act 093-0479
Public Act 93-0479 of the 93rd General Assembly
Public Act 93-0479
SB922 Enrolled LRB093 03150 LCB 03167 b
AN ACT in relation to support.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Uniform Interstate Family Support Act is
amended by renumbering Sections 100, 102, 903, 904, and 905;
by changing and renumbering Sections 101 and 103; by changing
Sections 201, 202, 204, 205, 206, 207, 208, 209, 301, 302,
303, 304, 305, 306, 307, 310, 311, 312, 314, 316, 317, 319,
401, 501, 502, 503, 506, 507, 601, 602, 604, 605, 607, 610,
611, 612, 701, 801, 802, and 901; by adding Sections 210,
211, and 615; by changing the headings of Article 2, Part 1,
Article 2, Part 2, and Article 2, Part 3; and by changing the
heading of Article 6 as follows:
(750 ILCS 22/101) (was 750 ILCS 22/100)
Sec. 101. 100. Short title. This Act may be cited as
the Uniform Interstate Family Support Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/102) (was 750 ILCS 22/101)
Sec. 102. 101. Definitions. In this Act:
"Child" means an individual, whether over or under the
age of 18, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse including an unsatisfied obligation to provide
support.
"Home state" means the state in which a child lived with
a parent or a person acting as parent for at least 6
consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support, and if a
child is less than 6 months old, the state in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the 6-month or
other period.
"Income" includes earnings or other periodic entitlements
to money from any source and any other property subject to
withholding for support under the law of this State.
"Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as
defined by the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the
Non-Support Punishment Act, the Illinois Public Aid Code, and
the Illinois Parentage Act of 1984, to withhold support from
the income of the obligor.
"Initiating state" means a state from which a proceeding
is forwarded or in which a proceeding is filed for forwarding
to a responding state under this Act or a law or procedure
substantially similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining
parentage.
"Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
"Obligee" means:
(A) (i) an individual to whom a duty of support is
or is alleged to be owed or in whose favor a support
order has been issued or a judgment determining
parentage has been rendered;
(B) (ii) a state or political subdivision to which
the rights under a duty of support or support order have
been assigned or which has independent claims based on
financial assistance provided to an individual obligee;
or
(C) (iii) an individual seeking a judgment
determining parentage of the individual's child.
"Obligor" means an individual, or the estate of a
decedent:
(i) who owes or is alleged to owe a duty of
support;
(ii) who is alleged but has not been
adjudicated to be a parent of a child; or
(iii) who is liable under a support order.
"Person means an individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, government, governmental
subdivision, agency, instrumentality, public corporation, or
any other legal or commercial entity.
"Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
"Register" means to record a support order or judgment
determining parentage in the appropriate Registry of Foreign
Support Orders.
"Registering tribunal" means a tribunal in which a
support order is registered.
"Responding state" means a state in which a proceeding is
filed or to which a proceeding is forwarded for filing from
an initiating state under this Act or a law or procedure
substantially similar to this Act.
"Responding tribunal" means the authorized tribunal in a
responding state.
"Spousal-support order" means a support order for a
spouse or former spouse of the obligor.
"State" means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands,
or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(A) (i) an Indian tribe; and
(B) (ii) a foreign country or political subdivision
jurisdiction that:
(i) has been declared to be a foreign
reciprocating country or political subdivision under
federal law;
(ii) has established a reciprocal arrangement
for child support with this State as provided in
Section 308; or
(iii) has enacted a law or established
procedures for issuance and enforcement of support
orders which are substantially similar to the
procedures under this Act, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act.
"Support enforcement agency" means a public official or
agency authorized to seek:
(A) (1) enforcement of support orders or laws
relating to the duty of support;
(B) (2) establishment or modification of child
support;
(C) (3) determination of parentage; or
(D) (4) to locate obligors or their assets; or
(E) determination of the controlling child support
order.
"Support order" means a judgment, decree, or order, or
directive, whether temporary, final, or subject to
modification, issued by a tribunal for the benefit of a
child, a spouse, or a former spouse, which provides for
monetary support, health care, arrearages, or reimbursement,
and may include related costs and fees, interest, income
withholding, attorney's fees, and other relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage.
(Source: P.A. 90-240, eff. 7-28-97; 91-613, eff. 10-1-99.)
(750 ILCS 22/103) (was 750 ILCS 22/102)
Sec. 103. 102. Tribunal of State. The circuit court is a
tribunal of this State. The Illinois Department of Public Aid
is an initiating tribunal. The Illinois Department of Public
Aid is also a responding tribunal of this State to the extent
that it can administratively establish paternity and
establish, modify, and enforce an administrative
child-support order under authority of Article X of the
Illinois Public Aid Code.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/104) (was 750 ILCS 22/103)
Sec. 104. 103. Remedies cumulative.
(a) Remedies provided by this Act are cumulative and do
not affect the availability of remedies under other law,
including the recognition of a support order of a foreign
country or political subdivision on the basis of comity.
(b) This Act does not:
(1) provide the exclusive method of establishing or
enforcing a support order under the law of this State; or
(2) grant a tribunal of this State jurisdiction to
render judgment or issue an order relating to child
custody or visitation in a proceeding under this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/Art. 2, Part 1 heading)
PART 1. EXTENDED PERSONAL JURISDICTION
(750 ILCS 22/201)
Sec. 201. Bases for jurisdiction over nonresident.
(a) In a proceeding to establish or, enforce, or modify
a support order or to determine parentage, a tribunal of this
State may exercise personal jurisdiction over a nonresident
individual or the individual's guardian or conservator if:
(1) the individual is personally served with notice
within this State;
(2) the individual submits to the jurisdiction of this
State by consent, by entering a general appearance, or by
filing a responsive document having the effect of waiving any
contest to personal jurisdiction;
(3) the individual resided with the child in this State;
(4) the individual resided in this State and provided
prenatal expenses or support for the child;
(5) the child resides in this State as a result of the
acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this
State and the child may have been conceived by that act of
intercourse;
(7) (Blank); or
(8) there is any other basis consistent with the
constitutions of this State and the United States for the
exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in
subsection (a) or in any other law of this State may not be
used to acquire personal jurisdiction for a tribunal of the
State to modify a child support order of another state unless
the requirements of Section 611 or 615 are met.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/202)
Sec. 202. Duration of personal jurisdiction. Personal
jurisdiction acquired by a tribunal of this State in a
proceeding under this Act or other law of this State relating
to a support order continues as long as a tribunal of this
State has continuing, exclusive jurisdiction to modify its
order or continuing jurisdiction to enforce its order as
provided by Sections 205, 206, and 211.
Procedure when exercising jurisdiction over nonresident.
A tribunal of this State exercising personal jurisdiction
over a nonresident under Section 201 may apply Section 316 to
receive evidence from another state, and Section 318 to
obtain discovery through a tribunal of another state. In all
other respects, Articles 3 through 7 do not apply and the
tribunal shall apply the procedural and substantive law of
this State, including the rules on choice of law other than
those established by this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/Art. 2, Part 2 heading)
PART 2. PROCEEDINGS INVOLVING TWO OR MORE STATES
(750 ILCS 22/204)
Sec. 204. Simultaneous proceedings in another state.
(a) A tribunal of this State may exercise jurisdiction
to establish a support order if the petition is filed after a
petition or comparable pleading is filed in another state
only if:
(1) the petition in this State is filed before the
expiration of the time allowed in the other state for
filing a responsive pleading challenging the exercise of
jurisdiction by the other state;
(2) the contesting party timely challenges the
exercise of jurisdiction in the other state; and
(3) if relevant, this State is the home state of
the child.
(b) A tribunal of this State may not exercise
jurisdiction to establish a support order if the petition is
filed before a petition or comparable pleading is filed in
another state if:
(1) the petition or comparable pleading in the
other state is filed before the expiration of the time
allowed in this State for filing a responsive pleading
challenging the exercise of jurisdiction by this State;
(2) the contesting party timely challenges the
exercise of jurisdiction in this State; and
(3) if relevant, the other state is the home state
of the child.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/205)
Sec. 205. Continuing, exclusive jurisdiction to modify
child-support order.
(a) A tribunal of this State that has issued issuing a
support order consistent with the law of this State has and
shall exercise continuing, exclusive jurisdiction to modify
its over a child-support order if the order is the
controlling order and:
(1) at the time of the filing of a request for
modification as long as this State is remains the
residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued; or
(2) even if this State is not the residence of the
obligor, the individual obligee, or the child for whose
benefit the support order is issued, the parties consent
in a record or in open court that the tribunal of this
State may continue to exercise the jurisdiction to modify
its order until all of the parties who are individuals
have filed written consents with the tribunal of this
State for a tribunal of another state to modify the order
and assume continuing, exclusive jurisdiction.
(b) A tribunal of this State that has issued issuing a
child-support order consistent with the law of this State may
not exercise its continuing exclusive jurisdiction to modify
the order if:
(1) all of the parties who are individuals file
consent in a record with the tribunal of this State that
a tribunal of another state that has jurisdiction over at
least one of the parties who is an individual or that is
located in the state of residence of the child may modify
the order and assume continuing, exclusive jurisdiction;
or
(2) its order is not the controlling order the
order has been modified by a tribunal of another state
pursuant to a law substantially similar to this Act.
(c) If a child-support order of this State is modified
by a tribunal of another state pursuant to a law
substantially similar to this Act, a tribunal of this State
loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in this State,
and may only:
(1) enforce the order that was modified as to
amounts accruing before the modification;
(2) enforce nonmodifiable aspects of that order;
and
(3) provide other appropriate relief for violations
of that order which occurred before the effective date of
the modification.
(d) A tribunal of this State shall recognize the
continuing, exclusive jurisdiction of a tribunal of another
state which has issued a child-support order pursuant to the
Uniform Interstate Family Support Act or a law substantially
similar to that this Act which modifies a child-support order
of a tribunal of this State, tribunals of this State shall
recognize the continuing, exclusive jurisdiction of the
tribunal of the other state.
(d) A tribunal of this State that lacks continuing,
exclusive jurisdiction to modify a child-support order may
serve as an initiating tribunal to request a tribunal of
another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create
continuing, exclusive jurisdiction in the issuing tribunal.
(f) A tribunal of this State issuing a support order
consistent with the law of this State has continuing,
exclusive jurisdiction over a spousal-support order
throughout the existence of the support obligation. A
tribunal of this State may not modify a spousal-support order
issued by a tribunal of another state having continuing,
exclusive jurisdiction over that order under the law of that
state.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/206)
Sec. 206. Enforcement and modification of support order
by tribunal having Continuing jurisdiction to enforce
child-support order.
(a) A tribunal of this State that has issued a
child-support order consistent with the law of this State may
serve as an initiating tribunal to request a tribunal of
another state to enforce: or modify a support order issued in
that state.
(1) the order if the order is the controlling order
and has not been modified by a tribunal of another state
that assumed jurisdiction pursuant to the Uniform
Interstate Family Support Act; or
(2) a money judgment for arrears of support and
interest on the order accrued before a determination that
an order of another state is the controlling order.
(b) A tribunal of this State having continuing,
exclusive jurisdiction over a support order may act as a
responding tribunal to enforce or modify the order. If a
party subject to the continuing, exclusive jurisdiction of
the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply Section 316
(Special Rules of Evidence and Procedure) to receive evidence
from another state and Section 318 (Assistance with
Discovery) to obtain discovery through a tribunal of another
state.
(c) A tribunal of this State which lacks continuing,
exclusive jurisdiction over a spousal-support order may not
serve as a responding tribunal to modify a spousal-support
order of another state.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/Art. 2, Part 3 heading)
PART 3. RECONCILIATION
OF MULTIPLE ORDERS
(750 ILCS 22/207)
Sec. 207. Determination Recognition of controlling
child-support order.
(a) If a proceeding is brought under this Act and only
one tribunal has issued a child-support order, the order of
that tribunal controls and must be so recognized.
(b) If a proceeding is brought under this Act, and two
or more child-support orders have been issued by tribunals of
this State or another state with regard to the same obligor
and same child, a tribunal of this State having personal
jurisdiction over both the obligor and individual obligee
shall apply the following rules and by order shall determine
in determining which order controls to recognize for purposes
of continuing, exclusive jurisdiction:
(1) If only one of the tribunals would have
continuing, exclusive jurisdiction under this Act, the
order of that tribunal controls and must be so
recognized.
(2) If more than one of the tribunals would have
continuing, exclusive jurisdiction under this Act:
(A) , an order issued by a tribunal in the
current home state of the child controls; and must
be so recognized, but
(B) if an order has not been issued in the
current home state of the child, the order most
recently issued controls and must be so recognized.
(3) If none of the tribunals would have continuing,
exclusive jurisdiction under this Act, the tribunal of
this State having jurisdiction over the parties shall
issue a child-support order, which controls and must be
so recognized.
(c) If two or more child-support orders have been issued
for the same obligor and same child, upon request of and if
the obligor or the individual obligee resides in this State,
a party who is an individual or a support enforcement agency,
may request a tribunal of this State having personal
jurisdiction over both the obligor and the obligee who is an
individual shall to determine which order controls and must
be so recognized under subsection (b). The request may be
filed with a registration for enforcement or registration for
modification pursuant to Article 6, or may be filed as a
separate proceeding. The request must be accompanied by a
certified copy of every support order in effect. The
requesting party shall give notice of the request to each
party whose rights may be affected by the determination.
(d) A request to determine which is the controlling
order must be accompanied by a copy of every child-support
order in effect and the applicable record of payments. The
requesting party shall give notice of the request to each
party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under
subsection (a), (b), or (c) is the tribunal that has
continuing, exclusive jurisdiction to the extent provided in
under Section 205 or 206.
(f) (e) A tribunal of this State that which determines
by order which is the identity of the controlling order under
subsection (b)(1) or (2) or (c), or that which issues a new
controlling order under subsection (b)(3), shall state in
that order:
(1) the basis upon which the tribunal made its
determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and
accrued interest, if any, under all of the orders after
all payments made are credited as provided by Section
209.
(g) (f) Within 30 days after issuance of an order
determining which is the identity of the controlling order,
the party obtaining the order shall file a certified copy of
it in with each tribunal that issued or registered an earlier
order of child support. A party or support enforcement agency
obtaining who obtains the order that and fails to file a
certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The
failure to file does not affect the validity or
enforceability of the controlling order.
(h) An order that has been determined to be the
controlling order, or a judgment for consolidated arrears of
support and interest, if any, made pursuant to this Section
must be recognized in proceedings under this Act.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/208)
Sec. 208. Multiple Child-support orders for two or more
obligees. In responding to multiple registrations or
petitions for enforcement of two or more child support orders
in effect at the same time with regard to the same obligor
and different individual obligees, at least one of which was
issued by a tribunal of another state, a tribunal of this
State shall enforce those orders in the same manner as if the
multiple orders had been issued by a tribunal of this State.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/209)
Sec. 209. Credit for payments. A tribunal of this State
shall credit amounts Amounts collected and credited for a
particular period pursuant to any child-support order against
the amounts owed for the same period under any other
child-support order for support of the same child a support
order issued by a tribunal of this or another state must be
credited against the amounts accruing or accrued for the same
period under a support order issued by the tribunal of this
State.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/210 new)
Sec. 210. Application of Act to nonresident subject to
personal jurisdiction. A tribunal of this State exercising
personal jurisdiction over a nonresident in a proceeding
under this Act, under other law of this State relating to a
support order, or recognizing a support order of a foreign
country or political subdivision on the basis of comity may
receive evidence from another state pursuant to Section 316,
communicate with a tribunal of another state pursuant to
Section 317, and obtain discovery through a tribunal of
another state pursuant to Section 318. In all other respects,
Articles 3 through 7 do not apply and the tribunal shall
apply the procedural and substantive law of this State.
(750 ILCS 22/211 new)
Sec. 211. Continuing, exclusive jurisdiction to modify
spousal-support order.
(a) A tribunal of this State issuing a spousal-support
order consistent with the law of this State has continuing,
exclusive jurisdiction to modify the spousal-support order
throughout the existence of the support obligation.
(b) A tribunal of this State may not modify a
spousal-support order issued by a tribunal of another state
having continuing, exclusive jurisdiction over that order
under the law of that state.
(c) A tribunal of this State that has continuing,
exclusive jurisdiction over a spousal-support order may serve
as:
(1) an initiating tribunal to request a tribunal of
another state to enforce the spousal-support order issued
in this State; or
(2) a responding tribunal to enforce or modify its
own spousal-support order.
(750 ILCS 22/301)
Sec. 301. Proceedings under Act.
(a) Except as otherwise provided in this Act, this
Article applies to all proceedings under this Act.
(b) This Act provides for the following proceedings:
(1) establishment of an order for spousal support
or child support pursuant to Article 4;
(2) enforcement of a support order and
income-withholding order of another state without
registration pursuant to Article 5;
(3) registration of an order for spousal support or
child support of another state for enforcement pursuant
to Article 6;
(4) modification of an order for child support or
spousal support issued by a tribunal of this State
pursuant to Article 2, Part 2;
(5) registration of an order for child support of
another state for modification pursuant to Article 6;
(6) determination of parentage pursuant to Article
7; and
(7) assertion of jurisdiction over nonresidents
pursuant to Article 2, Part 1.
(c) An individual obligee or a support enforcement
agency may initiate commence a proceeding authorized under
this Act by filing a petition in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition
or a comparable pleading directly in a tribunal of another
state which has or can obtain personal jurisdiction over the
obligor.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/302)
Sec. 302. Proceeding Action by minor parent. A minor
parent or a guardian or other legal representative of a minor
parent may maintain a proceeding on behalf of or for the
benefit of the minor's child.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/303)
Sec. 303. Application of law of State. Except as
otherwise provided in by this Act, a responding tribunal of
this State shall:
(1) shall apply the procedural and substantive law,
including the rules on choice of law, generally applicable to
similar proceedings originating in this State and may
exercise all powers and provide all remedies available in
those proceedings; and
(2) shall determine the duty of support and the amount
payable in accordance with the law and support guidelines of
this State.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/304)
Sec. 304. Duties of initiating tribunal.
(a) Upon the filing of a petition authorized by this
Act, an initiating tribunal of this State shall forward three
copies of the petition and its accompanying documents:
(1) to the responding tribunal or appropriate
support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is
unknown, to the state information agency of the
responding state with a request that they be forwarded to
the appropriate tribunal and that receipt be
acknowledged.
(b) If requested by the responding tribunal, a a
responding state has not enacted this Act or a law or
procedure substantially similar to this Act, a tribunal of
this State shall may issue a certificate or other document
and make findings required by the law of the responding
state. If the responding state is a foreign country or
political subdivision jurisdiction, upon request the tribunal
shall may specify the amount of support sought, convert that
amount into the equivalent amount in the foreign currency
under applicable official or market exchange rate as publicly
reported, and and provide any other documents necessary to
satisfy the requirements of the responding state.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/305)
Sec. 305. Duties and powers of responding tribunal.
(a) When a responding tribunal of this State receives a
petition or comparable pleading from an initiating tribunal
or directly pursuant to Section 301(b)(c), it shall cause the
petition or pleading to be filed and notify the obligee where
and when it was filed.
(b) A responding tribunal of this State, to the extent
not prohibited otherwise authorized by other law, may do one
or more of the following:
(1) issue or enforce a support order, modify a
child-support order, determine the controlling
child-support order, or render a judgment to determine
parentage;
(2) order an obligor to comply with a support
order, specifying the amount and the manner of
compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and
specify a method of payment;
(5) enforce orders by civil or criminal contempt,
or both;
(6) set aside property for satisfaction of the
support order;
(7) place liens and order execution on the
obligor's property;
(8) order an obligor to keep the tribunal informed
of the obligor's current residential address, telephone
number, employer, address of employment, and telephone
number at the place of employment;
(9) issue a bench warrant for an obligor who has
failed after proper notice to appear at a hearing ordered
by the tribunal and enter the bench warrant in any local
and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate
employment by specified methods;
(11) award reasonable attorney's fees and other
fees and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this State shall include in
a support order issued under this Act, or in the documents
accompanying the order, the calculations on which the support
order is based.
(d) A responding tribunal of this State may not
condition the payment of a support order issued under this
Act upon compliance by a party with provisions for
visitation.
(e) If a responding tribunal of this State issues an
order under this Act, the tribunal shall send a copy of the
order to the obligee and the obligor and to the initiating
tribunal, if any.
(f) If requested to enforce a support order, arrears, or
judgement or modify a support order stated in a foreign
currency, a responding tribunal of this State shall convert
the amount stated in the foreign currency to the equivalent
amount in dollars under the applicable official or market
exchange rate as publicly reported.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/306)
Sec. 306. Inappropriate tribunal. If a petition or
comparable pleading is received by an inappropriate tribunal
of this State, it the tribunal shall forward the pleading and
accompanying documents to an appropriate tribunal in this
State or another state and notify the obligee where and when
the pleading was sent.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/307)
Sec. 307. Duties of support enforcement agency.
(a) A support enforcement agency of this State, upon
request, shall provide services to a petitioner in a
proceeding under this Act. This subsection does not affect
any ability the support enforcement agency may have to
require an application for services, charge fees, or recover
costs in accordance with federal or State law and
regulations.
(b) A support enforcement agency that is providing
services to the petitioner as appropriate shall:
(1) take all steps necessary to enable an
appropriate tribunal in this State or another state to
obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date,
time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant
information, including information as to income and
property of the parties;
(4) within 10 days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of a written
notice in a record from an initiating, responding, or
registering tribunal, send a copy of the notice to the
petitioner;
(5) within 10 days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of a written
communication in a record from the respondent or the
respondent's attorney, send a copy of the communication
to the petitioner; and
(6) notify the petitioner if jurisdiction over the
respondent cannot be obtained.
(c) A support enforcement agency of this State that
requests registration of a child-support order in this State
for enforcement or for modification shall make reasonable
efforts:
(1) to ensure that the order to be registered is
the controlling order; or
(2) if two or more child-support orders exist and
the identity of the controlling order has not been
determined, to ensure that a request for such a
determination is made in a tribunal having jurisdiction
to do so.
(d) A support enforcement agency of this State that
requests registration and enforcement of a support order,
arrears, or judgement stated in a foreign currency shall
convert the amounts stated in the foreign currency into the
equivalent amounts in dollars under the applicable official
or market exchange rate as publicly reported.
(e) A support enforcement agency of this State shall
issue or request a tribunal of this State to issue a
child-support order and an income-withholding order that
redirect payment of current support, arrears, and interest if
requested to do so by a support enforcement agency of another
state pursuant to Section 319 of the Uniform Interstate
Family Support Act.
(f) (c) This Act does not create or negate a
relationship of attorney and client or other fiduciary
relationship between a support enforcement agency or the
attorney for the agency and the individual being assisted by
the agency.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/310)
Sec. 310. Duties of the Illinois Department of Public
Aid.
(a) The Illinois Department of Public Aid is the state
information agency under this Act.
(b) The state information agency shall:
(1) compile and maintain a current list, including
addresses, of the tribunals in this State which have
jurisdiction under this Act and any support enforcement
agencies in this State and transmit a copy to the state
information agency of every other state;
(2) maintain a register of names and addresses of
tribunals and support enforcement agencies received from
other states;
(3) forward to the appropriate tribunal in the
county place in this State in which the individual
obligee who is an individual or the obligor resides, or
in which the obligor's property is believed to be
located, all documents concerning a proceeding under this
Act received from an initiating tribunal or the state
information agency of the initiating state; and
(4) obtain information concerning the location of
the obligor and the obligor's property within this State
not exempt from execution, by such means as postal
verification and federal or state locator services,
examination of telephone directories, requests for the
obligor's address from employers, and examination of
governmental records, including, to the extent not
prohibited by other law, those relating to real property,
vital statistics, law enforcement, taxation, motor
vehicles, driver's licenses, and social security.
(c) The Illinois Department of Public Aid may determine
that a foreign country or political subdivision has
established a reciprocal arrangement for child support with
Illinois and take appropriate action for notification of this
determination.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/311)
Sec. 311. Pleadings and accompanying documents.
(a) In a proceeding under this Act, a A petitioner
seeking to establish or modify a support order or to
determine parentage or to register and modify a support order
of another state in a proceeding under this Act must file a
verify the petition. Unless otherwise ordered under Section
312, the petition or accompanying documents must provide, so
far as known, the name, residential address, and social
security numbers of the respondent and the petitioner or the
parent and alleged parent, and the name, sex, residential
address, social security number, and date of birth of each
child for whose benefit whom support is sought or whose
parentage is to be determined. Unless filed at the time of
registration, the petition must be accompanied by a certified
copy of any support order known to have been issued by
another tribunal in effect. The petition may include any
other information that may assist in locating or identifying
the respondent.
(b) The petition must specify the relief sought. The
petition and accompanying documents must conform
substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support
enforcement agency.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/312)
Sec. 312. Nondisclosure of information in exceptional
circumstances. If a party alleges in an affidavit or a
pleading under oath that the health, safety, or liberty of a
party or child would be jeopardized by disclosure of specific
identifying information, that information must be sealed and
may not be disclosed to the other party or public. After a
hearing in which a tribunal takes into consideration the
health, safety, or liberty of the party or child, the
tribunal may order disclosure of information that the
tribunal determines to be in the interest of justice. Upon a
finding, which may be made ex parte, that the health, safety,
or liberty of a party or child would be unreasonably put at
risk by the disclosure of identifying information, or if an
existing order so provides, a tribunal shall order that the
address of the child or party or other identifying
information not be disclosed in a pleading or other document
filed in a proceeding under this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/314)
Sec. 314. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding under
this Act before a responding tribunal, whether in person, by
private attorney, or through services provided by the support
enforcement agency, does not confer personal jurisdiction
over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil
process while physically present in this State to participate
in a proceeding under this Act.
(c) The immunity granted by this Section does not extend
to civil litigation based on acts unrelated to a proceeding
under this Act committed by a party while present in this
State to participate in the proceeding.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691; 88-691, eff. 1-24-95.)
(750 ILCS 22/316)
Sec. 316. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is
an individual the petitioner in a responding tribunal of this
State is not required for the establishment, enforcement, or
modification of a support order or the rendition of a
judgment determining parentage.
(b) An A verified petition, affidavit, a document
substantially complying with federally mandated forms, or and
a document incorporated by reference in any of them, which
would not be excluded under the hearsay rule if given in
person, is admissible in evidence if given under penalty of
perjury oath by a party or witness residing in another state.
(c) A copy of the record of child-support payments
certified as a true copy of the original by the custodian of
the record may be forwarded to a responding tribunal. The
copy is evidence of facts asserted in it, and is admissible
to show whether payments were made.
(d) Copies of bills for testing for parentage, and for
prenatal and postnatal health care of the mother and child,
furnished to the adverse party at least 10 days before trial,
are admissible in evidence to prove the amount of the charges
billed and that the charges were reasonable, necessary, and
customary.
(e) Documentary evidence transmitted from another state
to a tribunal of this State by telephone, telecopier, or
other means that do not provide an original record writing
may not be excluded from evidence on an objection based on
the means of transmission.
(f) In a proceeding under this Act, a tribunal of this
State shall may permit a party or witness residing in another
state to be deposed or to testify by telephone, audiovisual
means, or other electronic means at a designated tribunal or
other location in that state. A tribunal of this State shall
cooperate with tribunals of other states in designating an
appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing
refuses to answer on the ground that the testimony may be
self-incriminating, the trier of fact may draw an adverse
inference from the refusal.
(h) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this
Act.
(i) The defense of immunity based on the relationship of
husband and wife or parent and child does not apply in a
proceeding under this Act.
(j) A voluntary acknowledgment of paternity, certified
as a true copy, is admissible to establish parentage of the
child.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/317)
Sec. 317. Communications between tribunals. A tribunal
of this State may communicate with a tribunal of another
state or foreign country or political subdivision in a record
writing, or by telephone or other means, to obtain
information concerning the laws of that state, the legal
effect of a judgment, decree, or order of that tribunal, and
the status of a proceeding in the other state or foreign
country or political subdivision. A tribunal of this State
may furnish similar information by similar means to a
tribunal of another state or foreign country or political
subdivision.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/319)
Sec. 319. Receipt and disbursement of payments. A
support enforcement agency or tribunal of this State shall
disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal
shall furnish to a requesting party or tribunal of another
state a certified statement by the custodian of the record of
the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an
individual, nor the child resides in this State, upon request
from the support enforcement agency of this State or another
state, the support enforcement agency of this State or a
tribunal of this State shall:
(1) direct that the support payment be made to the
support enforcement agency in the state in which the
obligee is receiving services; and
(2) issue and send to the obligor's employer a
conforming income-withholding order or an administrative
notice of change of payee, reflecting the redirected
payments.
(3) The support enforcement agency of this State
receiving redirected payments from another state pursuant
to a law similar to subsection (b) shall furnish to a
requesting party or tribunal of the other state a
certified statement by the custodian of the record of the
amount and dates of all payments received.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/401)
Sec. 401. Petition to establish support order.
(a) If a support order entitled to recognition under
this Act has not been issued, a responding tribunal of this
State may issue a support order if:
(1) the individual seeking the order resides in
another state; or
(2) the support enforcement agency seeking the
order is located in another state.
(b) The tribunal may issue a temporary child-support
order if the tribunal determines that such an order is
appropriate and the individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through
genetic testing;
(4) an alleged father who has declined to submit to
genetic testing;
(5) shown by clear and convincing evidence to be
the father of the child;
(6) an acknowledged father as provided by
applicable State law;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child
support in a previous proceeding and the order has not
been reversed or vacated.
(1) the respondent has signed a verified statement
acknowledging parentage;
(2) the respondent has been determined by or
pursuant to law to be the parent; or
(3) there is other clear and convincing evidence
that the respondent is the child's parent.
(c) Upon finding, after notice and opportunity to be
heard, that a respondent owes a duty of support, the tribunal
shall issue a support order directed to the respondent and
may issue other orders pursuant to Section 305.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/501)
Sec. 501. Employer's receipt of income-withholding order
of another state. An income-withholding order issued in
another state may be sent by or on behalf of the obligee, or
by the support enforcement agency, to the person or entity
defined as the obligor's employer under the
income-withholding law of this State without first filing a
petition or comparable pleading or registering the order with
a tribunal of this State.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/502)
Sec. 502. Employer's compliance with income-withholding
order of another state.
(a) Upon receipt of an income-withholding order, the
obligor's employer shall immediately provide a copy of the
order to the obligor.
(b) The employer shall treat an income-withholding order
issued in another state which appears regular on its face as
if it had been issued by a tribunal of this State.
(c) Except as otherwise provided in subsection (d) and
Section 503 the employer shall withhold and distribute the
funds as directed in the withholding order by complying with
terms of the order which specify:
(1) the duration and amount of periodic payments of
current child-support, stated as a sum certain;
(2) the person or agency designated to receive
payments and the address to which the payments are to be
forwarded;
(3) medical support, whether in the form of
periodic cash payment, stated as a sum certain, or
ordering the obligor to provide health insurance coverage
for the child under a policy available through the
obligor's employment;
(4) the amount of periodic payments of fees and
costs for a support enforcement agency, the issuing
tribunal, and the obligee's attorney, stated as sums
certain; and
(5) the amount of periodic payments of arrearages
and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state
of the obligor's principal place of employment for
withholding from income with respect to:
(1) the employer's fee for processing an
income-withholding order;
(2) the maximum amount permitted to be withheld
from the obligor's income; and
(3) the times within which the employer must
implement the withholding order and forward the child
support payment.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/503)
Sec. 503. Employer's compliance with two or more
multiple income-withholding orders. If an obligor's employer
receives two or more multiple income-withholding orders with
respect to the earnings of the same obligor, the employer
satisfies the terms of the multiple orders if the employer
complies with the law of the state of the obligor's principal
place of employment to establish the priorities for
withholding and allocating income withheld for two or more
multiple child support obligees.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/506)
Sec. 506. Contest by obligor.
(a) An obligor may contest the validity or enforcement
of an income-withholding order issued in another state and
received directly by an employer in this State by registering
the order in a tribunal of this State and filing a contest to
that order as provided in Article 6, or otherwise contesting
the order in the same manner as if the order had been issued
by a tribunal of this State. Section 604 applies to the
contest.
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services
to the obligee;
(2) each employer that has directly received an
income-withholding order relating to the obligor; and
(3) the person or agency designated to receive
payments in the income-withholding order or if no person
or agency is designated, to the obligee.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/507)
Sec. 507. Administrative enforcement of orders.
(a) A party or support enforcement agency seeking to
enforce a support order or an income-withholding order, or
both, issued by a tribunal of another state may send the
documents required for registering the order to a support
enforcement agency of this State.
(b) Upon receipt of the documents, the support
enforcement agency, without initially seeking to register the
order, shall consider and, if appropriate, use any
administrative procedure authorized by the law of this State
to enforce a support order or an income-withholding order, or
both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the
obligor contests the validity or administrative enforcement
of the order, the support enforcement agency shall register
the order pursuant to this Act.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/Art. 6 heading)
ARTICLE 6.
REGISTRATION, ENFORCEMENT, AND
MODIFICATION OF SUPPORT ORDER
AFTER REGISTRATION
(750 ILCS 22/601)
Sec. 601. Registration of order for enforcement. A
support order or an income-withholding order issued by a
tribunal of another state may be registered in this State for
enforcement.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/602)
Sec. 602. Procedure to register order for enforcement.
(a) A support order or income-withholding order of
another state may be registered in this State by sending the
following records documents and information to the
appropriate tribunal in this State:
(1) a letter of transmittal to the tribunal
requesting registration and enforcement;
(2) 2 copies, including one certified copy, of the
order all orders to be registered, including any
modification of the an order;
(3) a sworn statement by the person requesting
party seeking registration or a certified statement by
the custodian of the records showing the amount of any
arrearage;
(4) the name of the obligor and, if known:
(i) the obligor's address and social security
number;
(ii) the name and address of the obligor's
employer and any other source of income of the
obligor; and
(iii) a description and the location of
property of the obligor in this State not exempt
from execution; and
(5) except as otherwise provided in Section 312,
the name and address of the obligee and, if applicable,
the agency or person to whom support payments are to be
remitted.
(b) On receipt of a request for registration, the
registering tribunal shall cause the order to be filed as a
foreign judgment, together with one copy of the documents and
information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy
that must be affirmatively sought under other law of this
State may be filed at the same time as the request for
registration or later. The pleading must specify the grounds
for the remedy sought.
(d) If two or more orders are in effect, the person
requesting registration shall:
(1) furnish to the tribunal a copy of every support
order asserted to be in effect in addition to the
documents specified in this Section;
(2) specify the order alleged to be the controlling
order, if any; and
(3) specify the amount of consolidated arrears, if
any.
(e) A request for a determination of which is the
controlling order may be filed separately or with a request
for registration and enforcement or for registration and
modification. The person requesting registration shall give
notice of the request to each party whose rights may be
affected by the determination.
(Source: P.A. 92-463, eff. 8-22-01.)
(750 ILCS 22/604)
Sec. 604. Choice of law.
(a) Except as otherwise provided in subsection (d), the
law of the issuing state governs:
(1) the nature, extent, amount, and duration of
current payments under a registered support order; and
other obligations of support and
(2) the computation and payment of arrearages and
accrual of interest on the arrearages under the support
order; and
(3) the existence and satisfaction of other
obligations under the support order.
(b) In a proceeding for arrears under a registered
support order arrearages, the statute of limitation under the
laws of this State or of the issuing state, whichever is
longer, applies.
(c) A responding tribunal of this State shall apply the
procedures and remedies of this State to enforce current
support and collect arrears and interest due on a support
order of another state registered in this State.
(d) After a tribunal of this or another state determines
which is the controlling order and issues an order
consolidating arrears, if any, a tribunal of this State shall
prospectively apply the law of the state issuing the
controlling order, including its law on interest on arrears,
on current and future support, and on consolidated arrears.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income-withholding order
issued in another state is registered, the registering
tribunal shall notify the nonregistering party. The notice
must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
(b) A The notice must inform the nonregistering party:
(1) that a registered order is enforceable as of
the date of registration in the same manner as an order
issued by a tribunal of this State;
(2) that a hearing to contest the validity or
enforcement of the registered order must be requested
within 20 days after the date of mailing or personal
service of the notice;
(3) that failure to contest the validity or
enforcement of the registered order in a timely manner
will result in confirmation of the order and enforcement
of the order and the alleged arrearages and precludes
further contest of that order with respect to any matter
that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more
orders are in effect, a notice must also:
(1) identify the two or more orders and the order
alleged by the registering person to be the controlling
order and the consolidated arrears, if any;
(2) notify the nonregistering party of the right to
a determination of which is the controlling order;
(3) state that the procedures provided in
subsection (b) apply to the determination of which is the
controlling order; and
(4) state that failure to contest the validity or
enforcement of the order alleged to be the controlling
order in a timely manner may result in confirmation that
the order is the controlling order.
(d) (c) Upon registration of an income-withholding order
for enforcement, the registering tribunal shall notify the
obligor's employer pursuant to the Income Withholding for
Support Act.
(Source: P.A. 90-240, eff. 7-28-97; 90-655, eff. 7-30-98;
90-673, eff. 1-1-99; 91-357, eff. 7-29-99.)
(750 ILCS 22/607)
Sec. 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a
registered order or seeking to vacate the registration has
the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal
jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or
modified by a later order;
(4) the issuing tribunal has stayed the order
pending appeal;
(5) there is a defense under the law of this State
to the remedy sought;
(6) full or partial payment has been made; or
(7) the statute of limitation under Section 604
precludes enforcement of some or all of the alleged
arrearages; or
(8) the alleged controlling order is not the
controlling order.
(b) If a party presents evidence establishing a full or
partial defense under subsection (a), a tribunal may stay
enforcement of the registered order, continue the proceeding
to permit production of additional relevant evidence, and
issue other appropriate orders. An uncontested portion of
the registered order may be enforced by all remedies
available under the law of this State.
(c) If the contesting party does not establish a defense
under subsection (a) to the validity or enforcement of the
order, the registering tribunal shall issue an order
confirming the order.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/610)
Sec. 610. Effect of registration for modification. A
tribunal of this State may enforce a child-support order of
another state registered for purposes of modification, in the
same manner as if the order had been issued by a tribunal of
this State, but the registered order may be modified only if
the requirements of Section 611, 613, or 615 have been met.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/611)
Sec. 611. Modification of Child-Support Order of Another
State.
(a) If Section 613 does no apply, except as otherwise
provided in Section 615, upon petition a tribunal of this
State may modify After a child-support order issued in
another state which is has been registered in this State, the
responding tribunal of this State may modify that order only
if Section 613 does not apply and if, after notice and
hearing, the tribunal it finds that:
(1) the following requirements are met:
(A) (i) neither the child, nor the individual
petitioner who is an individual, nor and the
respondent resides do not reside in the issuing
state;
(B) (ii) a petitioner who is a nonresident of
this State seeks modification; and
(C) (iii) the respondent is subject to the
personal jurisdiction of the tribunal of this State;
or
(2) this State is the State of residence of the
child, or a party who is an individual, is subject to the
personal jurisdiction of the tribunal of this State and
all of the parties who are individuals have filed written
consents in a record in the issuing tribunal for a
tribunal of this State to modify the support order and
assume continuing, exclusive jurisdiction over the order.
However, if the issuing state is a foreign jurisdiction
that has not enacted a law or established procedures
substantially similar to the procedures under this Act,
the consent otherwise required of an individual residing
in this State is not required for the tribunal to assume
jurisdiction to modify the child-support order.
(b) Modification of a registered child-support order is
subject to the same requirements, procedures, and defenses
that apply to the modification of an order issued by a
tribunal of this State and the order may be enforced and
satisfied in the same manner.
(c) Except as otherwise provided in Section 615, a
tribunal of this State may not modify any aspect of a
child-support order that may not be modified under the law of
the issuing state, including the duration of the obligation
of support. If two or more tribunals have issued
child-support orders for the same obligor and same child, the
order that controls and must be so recognized under Section
207 establishes the aspects of the support order which are
nonmodifiable.
(d) In a proceeding to modify a child-support order, the
law of the state that is determined to have issued the
initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty
of support established by that order precludes imposition of
a further obligation of support by a tribunal of this State.
(e) (d) On issuance of an order by a tribunal of this
State modifying a child-support order issued in another
state, the a tribunal of this State becomes the tribunal
having continuing, exclusive jurisdiction.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/612)
Sec. 612. Recognition of order modified in another
state. If a child-support order issued by a tribunal of this
State is modified shall recognize a modification of its
earlier child-support order by a tribunal of another state
which assumed jurisdiction pursuant to the Uniform Interstate
Family Support Act, a tribunal of this State a law
substantially similar to this Act and, upon request, except
as otherwise provided in this Act, shall:
(1) may enforce its the order that was modified only as
to arrears and interest amounts accruing before the
modification;
(2) enforce only nonmodifiable aspects of that order;
(2) (3) provide other appropriate relief only for
violations of its that order which occurred before the
effective date of the modification; and
(3) (4) recognize the modifying order of the other
state, upon registration, for the purpose of enforcement.
(Source: P.A. 90-240, eff. 7-28-97.)
(750 ILCS 22/615 new)
Sec. 615. Jurisdiction to modify child-support order of
foreign country or political subdivision.
(a) If a foreign country or political subdivision that
otherwise meets the requirements for inclusion under this Act
as set forth in subpart (B) of the definition of "State"
contained in Section 102 will not or may not modify its order
pursuant to its laws, a tribunal of this State may assume
jurisdiction to modify the child-support order and bind all
individuals subject to the personal jurisdiction of the
tribunal whether or not the consent to modification of a
child-support order otherwise required of the individual
pursuant to Section 611 has been given or whether the
individual seeking modification is a resident of this State
or of the foreign country or political subdivision.
(b) An order issued pursuant to this Section is the
controlling order.
(750 ILCS 22/701)
Sec. 701. Proceeding to determine parentage. (a) A
tribunal of this State authorized to determine parentage of a
child may serve as a an initiating or responding tribunal in
a proceeding to determine parentage brought under this Act or
a law substantially similar to this Act, to determine that
the obligee is a parent of a particular child or to determine
that an obligor is a parent of that child.
(b) In a proceeding to determine parentage, a responding
tribunal of this State shall apply the Illinois Parentage Act
of 1984, and the rules of this State on choice of law.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(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
(2) on the demand of by 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.
(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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/802)
Sec. 802. Conditions of rendition.
(a) Before making 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 Uniform Reciprocal Enforcement of Support Act,
or the Revised Uniform Reciprocal Enforcement of Support 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 obligee
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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(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 This Act
shall be applied and construed to effectuate its general
purpose to make uniform the law with respect to its the
subject of this Act matter among states that enact enacting
it.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/902) (was 750 ILCS 22/903)
Sec. 902. 903. Severability clause. 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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/903) (was 750 ILCS 22/904)
Sec. 903. 904. Effective date. (See Sec. 999 for
effective date.)
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
(750 ILCS 22/904) (was 750 ILCS 22/905)
Sec. 904. 905. 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. 90-240, eff. 7-28-97.)
(750 ILCS 22/902 rep.)
Section 10. The Uniform Interstate Family Support Act is
amended by repealing Section 902.
Section 99. Operative date. This Act shall become
operative upon at least one of the following 2 events taking
place, whichever occurs first, but in no event prior to July
1, 2004:
(1) The amendment by Congress of subdivision (f) of
42 U.S.C. Sec. 666 to statutorily require or authorize,
in connection with the approval of state plans for
purposes of federal funding, the adoption of the Uniform
Interstate Family Support Act as promulgated by the
National Conference of Commissioners on Uniform State
Laws in 2001.
(2) The approval, either generally or with specific
application to Illinois, by the federal office of Child
Support Enforcement or by the Secretary of Health and
Human Services, of a waiver, exemption, finding, or other
indicia of regulatory approval of the Uniform Interstate
Family Support Act, as promulgated by the National
Conference of Commissioners on Uniform State Laws in
2001, in connection with the approval of state plans for
purposes of federal funding.
Effective Date: 1/1/2004
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