Public Act 097-0926
 
HB4129 EnrolledLRB097 14478 KTG 61935 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Aid Code is amended by
adding Section 10-15.1 as follows:
 
    (305 ILCS 5/10-15.1 new)
    Sec. 10-15.1. Judicial registration of administrative
support orders.
    (a) A final administrative support order established by the
Illinois Department under this Article X may be registered in
the appropriate circuit court of this State by the Department
or by a party to the order by filing:
        (1) Two copies, including one certified copy of the
    order to be registered, any modification of the
    administrative support order, any voluntary acknowledgment
    of paternity pertaining to the child covered by the order,
    and the documents showing service of the notice of support
    obligation that commenced the procedure for establishment
    of the administrative support order pursuant to Section
    10-4 of this Code.
        (2) A sworn statement by the person requesting
    registration or a certified copy of the Department payment
    record showing the amount of any past due support accrued
    under the administrative support order.
        (3) The name of the obligor and, if known, the
    obligor's address and social security number.
        (4) The name of the obligee and the obligee's address,
    unless the obligee alleges in an affidavit or pleading
    under oath that the health, safety, or liberty of the
    obligee or child would be jeopardized by disclosure of
    specific identifying information, in which case that
    information must be sealed and may not be disclosed to the
    other party or public. After a hearing in which the court
    takes into consideration the health, safety, or liberty of
    the party or child, the court may order disclosure of
    information that the court determines to be in the interest
    of justice.
    (b) The filing of an administrative support order under
subsection (a) constitutes registration with the circuit
court.
    (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) When an administrative support order is registered, the
clerk of the circuit court shall notify the nonregistering
party and the Illinois Department, unless the Department is
requesting registration of its order. The notice, which shall
be served on the nonregistering party by any method provided by
law for service of a summons, must be accompanied by a copy of
the registered administrative support order and the documents
and relevant information accompanying the order.
    (e) A notice of registration of an administrative support
order must provide the following information:
        (1) That a registered administrative order is
    enforceable in the same manner as an order for support
    issued by the circuit court.
        (2) That a hearing to contest enforcement of the
    registered administrative support order must be requested
    within 30 days after the date of service of the notice.
        (3) That failure to contest, in a timely manner, the
    enforcement of the registered administrative support order
    shall 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.
        (4) The amount of any alleged arrearages.
    (f) A nonregistering party seeking to contest enforcement
of a registered administrative support order shall request a
hearing within 30 days after the date of service of notice of
the registration. The nonregistering party may seek to vacate
the registration, to assert any defense to an allegation of
noncompliance with the registered administrative support
order, or to contest the remedies being sought or the amount of
any alleged arrearages.
    (g) If the nonregistering party fails to contest the
enforcement of the registered administrative support order in a
timely manner, the order shall be confirmed by operation of
law.
    (h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative support
order, the circuit court shall schedule the matter for hearing
and give notice to the parties and the Illinois Department of
the date, time, and place of the hearing.
    (i) A party contesting the enforcement of a registered
administrative support order or seeking to vacate the
registration has the burden of proving one or more of the
following defenses:
        (1) The Illinois Department lacked personal
    jurisdiction over the contesting party.
        (2) The administrative support order was obtained by
    fraud.
        (3) The administrative support order has been vacated,
    suspended, or modified by a later order.
        (4) The Illinois Department has stayed the
    administrative support order pending appeal.
        (5) There is a defense under the law to the remedy
    sought.
        (6) Full or partial payment has been made.
    (j) If a party presents evidence establishing a full or
partial payment defense under subsection (i), the court 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 administrative support order may be
enforced by all remedies available under State law.
    (k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the administrative
support order, the court shall issue an order confirming the
administrative support order. Confirmation of the registered
administrative support order, whether by operation of law or
after notice and hearing, precludes further contest of the
order with respect to any matter that could have been asserted
at the time of registration. Upon confirmation, the registered
administrative support order shall be treated in the same
manner as a support order entered by the circuit court,
including the ability of the court to entertain a petition to
modify the administrative support order due to a substantial
change in circumstances, or petitions for visitation or custody
of the child or children covered by the administrative support
order. Nothing in this Section shall be construed to alter the
effect of a final administrative support order, or the
restriction of judicial review of such a final order to the
provisions of the Administrative Review Law, as provided in
Section 10-11 of this Code.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/10/2012