Public Act 90-0240 of the 90th General Assembly

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Public Act 90-0240

HB1705 Enrolled                               LRB9000438WHmgA

    AN ACT to amend the Uniform Interstate Family Support Act
by changing and adding various provisions.

    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 changing Sections 101, 102, 203,  205,  206,  207,
208,  301,  303, 304, 305, 306, 307, 316, 401, 501, 502, 605,
606, 609, 610, 611, 612,  and 905, changing the  captions  of
Article  5,  Parts  A, B, and C of Article 2, and Parts A, B,
and C of Article 6, and adding Sections 503, 504,  505,  506,
507, 613, and 614 as follows:

    (750 ILCS 22/101)
    Sec. 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 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 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  in  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, is filed for
forwarding to a responding state.
    "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:
         (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;
         (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
         (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.
    "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 to 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,  the  Commonwealth  of  Puerto Rico, the United
States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States.   The  term
"state" includes:
         (i)  an Indian tribe; and includes
         (ii)  a  foreign jurisdiction that 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:
    (1)  enforcement  of  support  orders or laws relating to
the duty of support;
    (2)  establishment or modification of child support;
    (3)  determination of parentage; or
    (4)  to locate obligors or their assets.
    "Support order"  means  a  judgment,  decree,  or  order,
whether temporary, final, or subject to modification, 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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/102)
    Sec.  102. Tribunal Tribunals of this 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   child  support  order  under
authority of Article X of the Illinois Public Aid Code.
(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/Article 2, Part A caption)
          PART 1. A. EXTENDED PERSONAL JURISDICTION

    (750 ILCS 22/Article 2, Part B caption)
     PART 2. B. PROCEEDINGS INVOLVING TWO OR MORE STATES
    (750 ILCS 22/203)
    Sec. 203.  Initiating and  responding  tribunal  of  this
State.  Under this Act, a tribunal of this State may serve as
an  initiating  tribunal  to  forward  proceedings to another
state and as a responding tribunal for proceedings  initiated
in another state.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/205)
    Sec. 205.  Continuing, exclusive jurisdiction.
    (a)  A  tribunal  of  this  State issuing a support order
consistent  with  the  law  of  this  State  has  continuing,
exclusive jurisdiction over  a  child-support  child  support
order:
         (1)  as  long as this State remains the residence of
    the obligor, the individual obligee,  or  the  child  for
    whose benefit the support order is issued; or
         (2)  until  all  of  the parties who are individuals
    have each individual party  has  filed  written  consents
    consent 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  issuing  a  child-support
child support order consistent with the law of this State may
not exercise its  continuing jurisdiction to modify the order
if 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 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 child support order
pursuant to a law substantially similar to this Act.
    (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 spousal support
order throughout the existence of the support obligation.   A
tribunal  of  this  State  may  not  modify a spousal-support
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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/206)
    Sec. 206.  Enforcement and modification of support  order
by tribunal having continuing jurisdiction.
    (a)  A  tribunal 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.
    (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 spousal support
order  may  not  serve  as  a responding tribunal to modify a
spousal-support spousal support order of another 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/Article 2, Part C caption)
                  PART 3. C. RECONCILIATION
                         OF MULTIPLE
                 WITH ORDERS OF OTHER STATES

    (750 ILCS 22/207)
    Sec. 207.  Recognition of controlling child-support order
child support-orders.
    (a)  If a proceeding is brought under this Act,  and  one
or  more  child  support  orders  have been issued in this or
another state with regard  to  an  obligor  and  a  child,  a
tribunal  of  this  State  shall apply the following rules in
determining  which  order  to  recognize  for   purposes   of
continuing,  exclusive  jurisdiction:  (1) If a proceeding is
brought under this Act and  only one tribunal  has  issued  a
child-support 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 child, a tribunal of this State shall apply the following
rules in determining which order to recognize for purposes of
continuing, exclusive jurisdiction:
         (1) (2)  If  two or more tribunals have issued child
    support orders for the same obligor and child,  and  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)  (3)  If two or more tribunals have issued child
    support orders for the same obligor and child,  and  more
    than   one   of  the  tribunals  would  have  continuing,
    exclusive jurisdiction under this Act, an order issued by
    a tribunal  in  the  current  home  state  of  the  child
    controls  and  must be so recognized, but 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) (4)  If two or more tribunals have issued  child
    support  orders  for the same obligor and child, and none
    of  the  tribunals  would  have   continuing,   exclusive
    jurisdiction  under  this Act, the tribunal of this State
    having jurisdiction over the parties shall  may  issue  a
    child-support  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 child and  if  the  obligor  or  the
individual obligee resides in this State, a party may request
a  tribunal  of  this State to determine which order controls
and must be so recognized under subsection (b).  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)  (b)  The tribunal that has issued the controlling an
order recognized under subsection (a), (b),  or  (c)  is  the
tribunal  that  has having continuing, exclusive jurisdiction
under Section 205.
    (e) A tribunal of this State which  determines  by  order
the identity of the controlling order under subsection (b)(1)
or  (2)  or  which  issues  a  new  controlling  order  under
subsection  (b)(3)  shall  state in that order the basis upon
which the tribunal made its determination.
    (f) Within 30 days after issuance of an order determining
the identity of the controlling order,  the  party  obtaining
the  order  shall  file  a  certified  copy  of  it with each
tribunal that issued or registered an earlier order of  child
support.  A  party  who obtains the order 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.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/208)
    Sec.  208.   Multiple  child-support 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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/301)
    Sec. 301.  Proceedings under this 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 B;
         (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 A.
    (c)  An  individual  obligee  or  a  support  enforcement
agency may 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. 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 this State.  Except as
otherwise provided by this Act, a responding tribunal of this
State:
    (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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (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 a responding state has not enacted this Act or  a
law  or  procedure  substantially  similar  to  this  Act,  a
tribunal  of  this  State  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
jurisdiction, the tribunal may specify the amount of  support
sought  and  provide other documents necessary to satisfy the
requirements of the responding state.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)
    (750 ILCS 22/305)
    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(c), it  shall  cause  the
petition  or  pleading  to be filed and notify the obligee by
first class mail where and when it was filed.
    (b)  A responding tribunal of this State, to  the  extent
otherwise  authorized  by  law,  may  do  one  or more of the
following:
         (1)  issue or enforce  a  support  order,  modify  a
    child-support  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  by first class mail to the obligee and the obligor and
to the initiating tribunal, if any.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/306)
    Sec. 306.  Inappropriate  tribunal.   If  a  petition  or
comparable  pleading is received by an inappropriate tribunal
of this State, it shall forward the pleading and accompanying
documents to an appropriate tribunal in this State or another
state and notify the obligee by first class  mail  where  and
when the pleading was sent.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (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 from an  initiating,  responding,  or  registering
    tribunal,  send  a copy of the notice by first class mail
    to the petitioner;
         (5)  within  10  days,   exclusive   of   Saturdays,
    Sundays,  and  legal holidays, after receipt of a written
    communication from the  respondent  or  the  respondent's
    attorney, send a copy of the communication by first class
    mail to the petitioner; and
         (6)  notify  the petitioner if jurisdiction over the
    respondent cannot be obtained.
    (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. 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  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)  A    verified    petition,    affidavit,    document
substantially  complying with federally mandated forms, and a
document incorporated  by  reference  in  any  of  them,  not
excluded  under  the  hearsay  rule  if  given  in person, is
admissible in evidence if given under  oath  by  a  party  or
witness residing in another state.
    (c)  A  copy of the record of child-support 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 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 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.
(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 22/401)
    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
child support order if:
         (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. 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/Article 5 caption)
             ARTICLE 5. DIRECT ENFORCEMENT OF ORDER
            OF ANOTHER STATE WITHOUT REGISTRATION

    (750 ILCS 22/501)
    Sec.   501.    Employer's    receipt    Recognition    of
income-withholding order of another state.
    (a)  An  income-withholding order issued in another state
may be sent by first class  mail  to  the  person  or  entity
defined  as  the  obligor's  employer  without first filing a
petition or comparable pleading or registering the order with
a tribunal of this State. Upon  receipt  of  the  order,  the
employer shall:
         (1)  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;
         (2)  immediately  provide a copy of the order to the
    obligor; and
         (3)  distribute  the  funds  as  directed   in   the
    withholding order.
    (b)  An  obligor  may contest the validity or enforcement
of an income-withholding order issued in another state in the
same manner as if the order had been issued by a tribunal  of
this State.  Section 604 applies to the contest.  The obligor
shall  give  notice of the contest to any support enforcement
agency providing services to the obligee and to:
         (1)  the person  or  agency  designated  to  receive
    payments in the income-withholding order; or
         (2)  if  no  person  or  agency  is  designated, the
    obligee.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (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.
Administrative enforcement of orders.
    (a)  A party 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. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/503 new)
    Sec.  503.  Compliance  with  multiple income-withholding
orders.  If   an   obligor's   employer   receives   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 multiple child support obligees.
    (750 ILCS 22/504 new)
    Sec. 504. Immunity from civil liability.  An employer who
complies  with  an income-withholding order issued in another
state in accordance with this Article is not subject to civil
liability to an individual  or  agency  with  regard  to  the
employer's  withholding  of  child support from the obligor's
income.

    (750 ILCS 22/505 new)
    Sec. 505. Penalties for noncompliance.  An  employer  who
willfully  fails  to  comply with an income-withholding order
issued by another  state  and  received  for  enforcement  is
subject  to  the  same  penalties  that  may  be  imposed for
noncompliance with an order issued  by  a  tribunal  of  this
State.

    (750 ILCS 22/506 new)
    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 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; 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.

    (750 ILCS 22/507 new)
    Sec. 507. Administrative enforcement of orders.
    (a)  A  party  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.

    (750 ILCS 22/Article 6, Part A caption )
  PART 1. A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER

    (750 ILCS 22/Article 6, Part B caption)
        PART 2. B. CONTEST OF VALIDITY OR ENFORCEMENT

    (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. Notice must
be given by first class, certified, or registered mail or  by
any  means  of personal service authorized by the law of this
State. The notice must  be  accompanied  by  a  copy  of  the
registered  order  and the documents and relevant information
accompanying the order.
    (b)  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)  Upon registration of an income-withholding order for
enforcement,  the  registering  tribunal  shall  notify   the
obligor's   employer  pursuant  to  Section  10-16.2  of  the
Illinois Public Aid  Code,  Section  706.1  of  the  Illinois
Marriage  and Dissolution of Marriage Act, Section 4.1 of the
Non-Support of Spouse and Children Act, and Section 20 of the
Illinois Parentage Act of 1989.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/606)
    Sec. 606.  Procedure to contest validity  or  enforcement
of registered order.
    (a)  A   nonregistering  party  seeking  to  contest  the
validity or enforcement of a registered order in  this  State
shall  request  a  hearing  within  20 days after the date of
mailing or personal 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 order,  or  to  contest  the  remedies  being
sought  or  the  amount of any alleged arrearages pursuant to
Section 607.
    (b)  If the nonregistering party  fails  to  contest  the
validity  or  enforcement of the registered order in a timely
manner, the order is confirmed by operation of law.
    (c)  If a nonregistering  party  requests  a  hearing  to
contest  the validity or enforcement of the registered order,
the  registering  tribunal  shall  schedule  the  matter  for
hearing and give notice to the parties by first class mail of
the date, time, and place of the hearing.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/Article 6, Part C caption)
         PART 3. C. REGISTRATION AND MODIFICATION OF
                     CHILD SUPPORT ORDER

    (750 ILCS 22/609)
    Sec. 609.   Procedure  to  register  child-support  child
support  order of another state for modification.  A party or
support enforcement agency seeking to modify,  or  to  modify
and  enforce,  a  child-support child support order issued in
another state shall register that order in this State in  the
same manner provided in Part 1 A of this Article if the order
has  not been registered.  A petition for modification may be
filed at the same time as  a  request  for  registration,  or
later.    The   pleading   must   specify   the  grounds  for
modification.
(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 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 have
been met.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/611)
    Sec. 611.  Modification of  Child-Support  Child  Support
Order of Another State.
    (a)  After  a child-support child support order issued in
another  state  has  been  registered  in  this  State,   the
responding  tribunal of this State may modify that order only
if Section 613 does not apply and, after notice and  hearing,
it finds that:
         (1)  the following requirements are met:
              (i)  the  child, the individual petitioner, and
         the respondent do not reside in the issuing state;
              (ii)  a petitioner who is a nonresident of this
         State seeks modification; and
              (iii)  the  respondent  is   subject   to   the
         personal jurisdiction of the tribunal of this State;
         or
         (2)  an  individual  party  or 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
    individual  parties  who  are  individuals  have  filed a
    written consents consent  in  the  issuing  tribunal  for
    providing that a tribunal of this State to may 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  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)  A  tribunal  of this State may not modify any aspect
of a child-support  child  support  order  that  may  not  be
modified  under  the law of the issuing state. If two or more
tribunals have  issued  child-support  orders  for  the  same
obligor  and  child,  the  order that controls and must be so
recognized under Section 207 establishes the aspects  of  the
support order which are nonmodifiable.
    (d)  On  issuance  of  an order modifying a child-support
child support order issued in another state,  a  tribunal  of
this   State  becomes  the  tribunal  having  of  continuing,
exclusive jurisdiction.
    (e)  Within 30 days after issuance of  a  modified  child
support  order,  the  party  obtaining the modification shall
file a certified copy of the order with the issuing  tribunal
which had continuing, exclusive jurisdiction over the earlier
order,  and  in  each  tribunal in which the party knows that
earlier order has been registered.
(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 22/612)
    Sec. 612.   Recognition  of  order  modified  in  another
state.    A   tribunal   of  this  State  shall  recognize  a
modification of its earlier child-support child support order
by a tribunal of another  state  which  assumed  jurisdiction
pursuant to a law substantially similar to this Act and, upon
request, except as otherwise provided in this Act, shall:
    (1)  enforce  the  order  that  was  modified  only as to
amounts accruing before the modification;
    (2)  enforce only nonmodifiable aspects of that order;
    (3)  provide other appropriate relief only for violations
of that order which occurred before the effective date of the
modification; and
    (4)  recognize the modifying order of  the  other  state,
upon registration, for the purpose of enforcement.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    (750 ILCS 22/613 new)
    Sec.  613.  Jurisdiction to modify child-support order of
another state when individual parties reside in this State.
    (a)  If all of the parties who are individuals reside  in
this  State  and  the  child  does  not reside in the issuing
state, a tribunal of this State has jurisdiction  to  enforce
and  to  modify  the issuing state's child-support order in a
proceeding to register that order.
    (b)  A tribunal of  this  State  exercising  jurisdiction
under  this  Section shall apply the provisions of Articles 1
and 2, this Article, and the procedural and  substantive  law
of   this   State   to  the  proceeding  for  enforcement  or
modification. Articles 3, 4, 5, 7, and 8 do not apply.

    (750 ILCS 22/614 new)
    Sec. 614. Notice to  issuing  tribunal  of  modification.
Within  30  days  after  issuance of a modified child-support
order, the party obtaining  the  modification  shall  file  a
certified  copy  of  the order with the issuing tribunal that
had  continuing,  exclusive  jurisdiction  over  the  earlier
order, and in each tribunal in  which  the  party  knows  the
earlier  order  has  been registered. A party who obtains the
order 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 modified order of the
new tribunal having continuing, exclusive jurisdiction.

    (750 ILCS 22/905)
    Sec.  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.  (Blank).
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
by P.A. 88-691.)

    Section 99.  This Act takes effect upon becoming law.
                            INDEX
           Statutes amended in order of appearance
750 ILCS 22/101
750 ILCS 22/102
750 ILCS 22/Article 2, Part A caption
750 ILCS 22/Article 2, Part B caption
750 ILCS 22/203
750 ILCS 22/205
750 ILCS 22/206
750 ILCS 22/Article 2, Part C caption
750 ILCS 22/207
750 ILCS 22/208
750 ILCS 22/301
750 ILCS 22/303
750 ILCS 22/304
750 ILCS 22/305
750 ILCS 22/306
750 ILCS 22/307
750 ILCS 22/316
750 ILCS 22/401
750 ILCS 22/Article 5 caption
750 ILCS 22/501
750 ILCS 22/502
750 ILCS 22/503 new
750 ILCS 22/504 new
750 ILCS 22/505 new
750 ILCS 22/506 new
750 ILCS 22/507 new
750 ILCS 22/Article 6, Part A caption
750 ILCS 22/Article 6, Part B caption
750 ILCS 22/605
750 ILCS 22/606
750 ILCS 22/609
750 ILCS 22/Article 6, Part C caption
750 ILCS 22/610
750 ILCS 22/611
750 ILCS 22/612
750 ILCS 22/613 new
750 ILCS 22/614 new
750 ILCS 22/905

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