093_HB0016sam002











                                     LRB093 02284 DRJ 15404 a

 1                     AMENDMENT TO HOUSE BILL 16

 2        AMENDMENT NO.     .  Amend House Bill 16 by replacing the
 3    title with the following:
 4        "AN ACT in relation to support."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section 5.  The Uniform Interstate Family Support Act is
 8    amended  by renumbering Sections 100, 102, 903, 904, and 905;
 9    by changing and renumbering Sections 101 and 103; by changing
10    Sections 201, 202, 204, 205, 206, 207, 208,  209,  301,  302,
11    303,  304,  305, 306, 307, 310, 311, 312, 314, 316, 317, 319,
12    401, 501, 502, 503, 506, 507, 601, 602, 604, 605,  607,  610,
13    611,  612,  701,  801,  802, and 901; by adding Sections 210,
14    211, and 615; by changing the headings of Article 2, Part  1,
15    Article 2, Part 2, and Article 2, Part 3; and by changing the
16    heading of Article 6 as follows:

17        (750 ILCS 22/101) (was 750 ILCS 22/100)
18        Sec.  101.  100.   Short title.  This Act may be cited as
19    the Uniform Interstate Family Support Act.
20    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
21    by P.A. 88-691.)
 
                            -2-      LRB093 02284 DRJ 15404 a
 1        (750 ILCS 22/102) (was 750 ILCS 22/101)
 2        Sec. 102. 101.  Definitions.  In this Act:
 3        "Child" means an individual, whether over  or  under  the
 4    age  of 18, who is or is alleged to be owed a duty of support
 5    by the individual's parent or who is or is alleged to be  the
 6    beneficiary of a support order directed to the parent.
 7        "Child-support  order" means a support order for a child,
 8    including a child who has attained the age of 18.
 9        "Duty  of  support"  means  an  obligation   imposed   or
10    imposable  by  law to provide support for a child, spouse, or
11    former spouse including an unsatisfied obligation to  provide
12    support.
13        "Home state" means the state in which a child lived  with
14    a  parent  or  a  person  acting  as  parent  for  at least 6
15    consecutive months immediately preceding the time  of  filing
16    of  a  petition  or comparable pleading for support, and if a
17    child is less than 6 months old, the state in which the child
18    lived from birth with any of them.   A  period  of  temporary
19    absence  of  any of them is counted as part of the 6-month or
20    other period.
21        "Income" includes earnings or other periodic entitlements
22    to money from any source and any other  property  subject  to
23    withholding for support under the law of this State.
24        "Income-withholding  order" means an order or other legal
25    process directed to an obligor's employer or other debtor, as
26    defined by the Illinois Marriage and Dissolution of  Marriage
27    Act,   the  Non-Support  of  Spouse  and  Children  Act,  the
28    Non-Support Punishment Act, the Illinois Public Aid Code, and
29    the Illinois Parentage Act of 1984, to withhold support  from
30    the income of the obligor.
31        "Initiating  state" means a state from which a proceeding
32    is forwarded or in which a proceeding is filed for forwarding
33    to a responding state under this Act or a  law  or  procedure
34    substantially similar to this Act.
 
                            -3-      LRB093 02284 DRJ 15404 a
 1        "Initiating tribunal" means the authorized tribunal in an
 2    initiating state.
 3        "Issuing  state"  means  the  state  in  which a tribunal
 4    issues a support order  or  renders  a  judgment  determining
 5    parentage.
 6        "Issuing  tribunal"  means  the  tribunal  that  issues a
 7    support order or renders a judgment determining parentage.
 8        "Obligee" means:
 9             (A) (i)  an individual to whom a duty of support  is
10        or  is  alleged  to  be  owed or in whose favor a support
11        order  has  been   issued  or  a   judgment   determining
12        parentage has been rendered;
13             (B) (ii)  a  state or political subdivision to which
14        the rights under a duty of support or support order  have
15        been  assigned  or  which has independent claims based on
16        financial assistance provided to an  individual  obligee;
17        or
18             (C) (iii)  an    individual   seeking   a   judgment
19        determining parentage of the individual's child.
20        "Obligor"  means  an  individual,  or  the  estate  of  a
21    decedent:
22                  (i)  who owes or is alleged to owe  a  duty  of
23             support;
24                  (ii)  who   is   alleged   but   has  not  been
25             adjudicated to be a parent of a child; or
26                  (iii)  who is liable under a support order.
27        "Person means an individual, corporation, business trust,
28    estate,  trust,  partnership,  limited   liability   company,
29    association,    joint   venture,   government,   governmental
30    subdivision, agency, instrumentality, public corporation,  or
31    any other legal or commercial entity.
32        "Record"   means  information  that  is  inscribed  on  a
33    tangible medium or that is stored in an electronic  or  other
34    medium and is retrievable in perceivable form.
 
                            -4-      LRB093 02284 DRJ 15404 a
 1        "Register"  means  to  record a support order or judgment
 2    determining parentage in the appropriate Registry of  Foreign
 3    Support Orders.
 4        "Registering  tribunal"  means  a  tribunal  in  which  a
 5    support order is registered.
 6        "Responding state" means a state in which a proceeding is
 7    filed  or  to which a proceeding is forwarded for filing from
 8    an initiating state under this Act  or  a  law  or  procedure
 9    substantially similar to this Act.
10        "Responding  tribunal" means the authorized tribunal in a
11    responding state.
12        "Spousal-support order"  means  a  support  order  for  a
13    spouse or former spouse of the obligor.
14        "State"  means a state of the United States, the District
15    of Columbia, Puerto Rico, the United States  Virgin  Islands,
16    or  any  territory  or  insular  possession  subject  to  the
17    jurisdiction of the United States.  The term includes:
18             (A) (i)  an Indian tribe; and
19             (B) (ii)  a foreign country or political subdivision
20        jurisdiction that:
21                  (i)  has   been   declared   to  be  a  foreign
22             reciprocating country or political subdivision under
23             federal law;
24                  (ii)  has established a reciprocal  arrangement
25             for  child  support  with  this State as provided in
26             Section 308; or
27                  (iii)  has  enacted  a   law   or   established
28             procedures  for  issuance and enforcement of support
29             orders  which  are  substantially  similar  to   the
30             procedures  under  this  Act, the Uniform Reciprocal
31             Enforcement of Support Act, or the  Revised  Uniform
32             Reciprocal Enforcement of Support Act.
33        "Support  enforcement  agency" means a public official or
34    agency authorized to seek:
 
                            -5-      LRB093 02284 DRJ 15404 a
 1             (A) (1)  enforcement  of  support  orders  or   laws
 2        relating to the duty of support;
 3             (B) (2)  establishment   or  modification  of  child
 4        support;
 5             (C) (3)  determination of parentage; or
 6             (D) (4)  to locate obligors or their assets; or
 7             (E)  determination of the controlling child  support
 8        order.
 9        "Support  order"  means  a judgment, decree, or order, or
10    directive,  whether   temporary,   final,   or   subject   to
11    modification,  issued  by  a  tribunal  for  the benefit of a
12    child, a spouse, or  a  former  spouse,  which  provides  for
13    monetary  support, health care, arrearages, or reimbursement,
14    and may include related  costs  and  fees,  interest,  income
15    withholding, attorney's fees, and other relief.
16        "Tribunal"  means  a  court,  administrative  agency,  or
17    quasi-judicial  entity  authorized  to establish, enforce, or
18    modify support orders or to determine parentage.
19    (Source: P.A. 90-240, eff. 7-28-97; 91-613, eff. 10-1-99.)

20        (750 ILCS 22/103) (was 750 ILCS 22/102)
21        Sec. 103. 102. Tribunal of State.  The circuit court is a
22    tribunal of this State. The Illinois Department of Public Aid
23    is an initiating tribunal.  The Illinois Department of Public
24    Aid is also a responding tribunal of this State to the extent
25    that  it  can  administratively   establish   paternity   and
26    establish,    modify,    and    enforce   an   administrative
27    child-support order under  authority  of  Article  X  of  the
28    Illinois Public Aid Code.
29    (Source: P.A. 90-240, eff. 7-28-97.)

30        (750 ILCS 22/104) (was 750 ILCS 22/103)
31        Sec. 104. 103.  Remedies cumulative.
32        (a)  Remedies  provided by this Act are cumulative and do
 
                            -6-      LRB093 02284 DRJ 15404 a
 1    not affect the availability  of  remedies  under  other  law,
 2    including  the  recognition  of  a support order of a foreign
 3    country or political subdivision on the basis of comity.
 4        (b)  This Act does not:
 5             (1)  provide the exclusive method of establishing or
 6        enforcing a support order under the law of this State; or
 7             (2)  grant a tribunal of this State jurisdiction  to
 8        render  judgment  or  issue  an  order  relating to child
 9        custody or visitation in a proceeding under this Act.
10    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
11    by P.A. 88-691.)

12        (750 ILCS 22/Art. 2, Part 1, heading)
13               PART 1. EXTENDED PERSONAL JURISDICTION

14        (750 ILCS 22/201)
15        Sec. 201.  Bases for jurisdiction over nonresident.
16        (a)  In a proceeding to establish or, enforce, or  modify
17    a support order or to determine parentage, a tribunal of this
18    State  may  exercise personal jurisdiction over a nonresident
19    individual or the individual's guardian or conservator if:
20        (1)  the individual  is  personally  served  with  notice
21    within this State;
22        (2)  the  individual  submits to the jurisdiction of this
23    State by consent, by entering a  general  appearance,  or  by
24    filing a responsive document having the effect of waiving any
25    contest to personal jurisdiction;
26        (3)  the individual resided with the child in this State;
27        (4)  the  individual  resided  in this State and provided
28    prenatal expenses or support for the child;
29        (5)  the child resides in this State as a result  of  the
30    acts or directives of the individual;
31        (6)  the individual engaged in sexual intercourse in this
32    State  and  the  child may have been conceived by that act of
 
                            -7-      LRB093 02284 DRJ 15404 a
 1    intercourse;
 2        (7)  (Blank); or
 3        (8)  there  is  any  other  basis  consistent  with   the
 4    constitutions  of  this  State  and the United States for the
 5    exercise of personal jurisdiction.
 6        (b)  The bases of  personal  jurisdiction  set  forth  in
 7    subsection  (a)  or in any other law of this State may not be
 8    used to acquire personal jurisdiction for a tribunal  of  the
 9    State to modify a child support order of another state unless
10    the requirements of Section 611 or 615 are met.
11    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
12    by P.A. 88-691.)

13        (750 ILCS 22/202)
14        Sec.  202.  Duration  of personal jurisdiction.  Personal
15    jurisdiction acquired by  a  tribunal  of  this  State  in  a
16    proceeding under this Act or other law of this State relating
17    to  a  support  order continues as long as a tribunal of this
18    State has continuing, exclusive jurisdiction  to  modify  its
19    order  or  continuing  jurisdiction  to  enforce its order as
20    provided by Sections 205, 206, and 211.
21        Procedure when exercising jurisdiction over  nonresident.
22    A  tribunal  of  this  State exercising personal jurisdiction
23    over a nonresident under Section 201 may apply Section 316 to
24    receive evidence from  another  state,  and  Section  318  to
25    obtain discovery through a tribunal of another state.  In all
26    other  respects,  Articles  3  through 7 do not apply and the
27    tribunal shall apply the procedural and  substantive  law  of
28    this  State,  including the rules on choice of law other than
29    those established by this Act.
30    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
31    by P.A. 88-691.)

32        (750 ILCS 22/Art. 2, Part 2 heading)
 
                            -8-      LRB093 02284 DRJ 15404 a
 1          PART 2. PROCEEDINGS INVOLVING TWO OR MORE STATES

 2        (750 ILCS 22/204)
 3        Sec. 204.  Simultaneous proceedings in another state.
 4        (a)  A tribunal of this State may  exercise  jurisdiction
 5    to establish a support order if the petition is filed after a
 6    petition  or  comparable  pleading  is filed in another state
 7    only if:
 8             (1)  the petition in this State is filed before  the
 9        expiration  of  the  time  allowed in the other state for
10        filing a responsive pleading challenging the exercise  of
11        jurisdiction by the other state;
12             (2)  the  contesting  party  timely  challenges  the
13        exercise of jurisdiction in the other state; and
14             (3)  if  relevant,  this  State is the home state of
15        the child.
16        (b)  A  tribunal  of  this   State   may   not   exercise
17    jurisdiction  to establish a support order if the petition is
18    filed before a petition or comparable pleading  is  filed  in
19    another state if:
20             (1)  the  petition  or  comparable  pleading  in the
21        other state is filed before the expiration  of  the  time
22        allowed  in  this  State for filing a responsive pleading
23        challenging the exercise of jurisdiction by this State;
24             (2)  the  contesting  party  timely  challenges  the
25        exercise of jurisdiction in this State; and
26             (3)  if relevant, the other state is the home  state
27        of the child.
28    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
29    by P.A. 88-691.)

30        (750 ILCS 22/205)
31        Sec.  205.   Continuing, exclusive jurisdiction to modify
32    child-support order.
 
                            -9-      LRB093 02284 DRJ 15404 a
 1        (a)  A tribunal of this State that has issued  issuing  a
 2    support  order  consistent with the law of this State has and
 3    shall exercise continuing, exclusive jurisdiction  to  modify
 4    its   over   a  child-support  order  if  the  order  is  the
 5    controlling order and:
 6             (1)  at the time of the  filing  of  a  request  for
 7        modification  as  long  as  this  State  is  remains  the
 8        residence  of the obligor, the individual obligee, or the
 9        child for whose benefit the support order is issued; or
10             (2)  even if this State is not the residence of  the
11        obligor,  the  individual obligee, or the child for whose
12        benefit the support order is issued, the parties  consent
13        in  a  record  or in open court that the tribunal of this
14        State may continue to exercise the jurisdiction to modify
15        its order until all of the parties  who  are  individuals
16        have  filed  written  consents  with the tribunal of this
17        State for a tribunal of another state to modify the order
18        and assume continuing, exclusive jurisdiction.
19        (b)  A tribunal of this State that has issued  issuing  a
20    child-support order consistent with the law of this State may
21    not  exercise its continuing exclusive jurisdiction to modify
22    the order if:
23             (1)  all of the parties  who  are  individuals  file
24        consent  in a record with the tribunal of this State that
25        a tribunal of another state that has jurisdiction over at
26        least one of the parties who is an individual or that  is
27        located in the state of residence of the child may modify
28        the  order and assume continuing, exclusive jurisdiction;
29        or
30             (2)  its order is  not  the  controlling  order  the
31        order  has  been  modified by a tribunal of another state
32        pursuant to a law substantially similar to this Act.
33        (c)  If a child-support order of this State  is  modified
34    by   a   tribunal   of   another  state  pursuant  to  a  law
 
                            -10-     LRB093 02284 DRJ 15404 a
 1    substantially similar to this Act, a tribunal of  this  State
 2    loses  its  continuing, exclusive jurisdiction with regard to
 3    prospective enforcement of the order issued  in  this  State,
 4    and may only:
 5             (1)  enforce  the  order  that  was  modified  as to
 6        amounts accruing before the modification;
 7             (2)  enforce nonmodifiable aspects  of  that  order;
 8        and
 9             (3)  provide other appropriate relief for violations
10        of that order which occurred before the effective date of
11        the modification.
12        (d)  A   tribunal  of  this  State  shall  recognize  the
13    continuing, exclusive jurisdiction of a tribunal  of  another
14    state  which has issued a child-support order pursuant to the
15    Uniform Interstate Family Support Act or a law  substantially
16    similar to that this Act which modifies a child-support order
17    of  a  tribunal  of this State, tribunals of this State shall
18    recognize  the  continuing,  exclusive  jurisdiction  of  the
19    tribunal of the other state.
20        (d)  A tribunal of  this  State  that  lacks  continuing,
21    exclusive  jurisdiction  to  modify a child-support order may
22    serve as an initiating tribunal  to  request  a  tribunal  of
23    another state to modify a support order issued in that state.
24        (e)  A temporary support order issued ex parte or pending
25    resolution  of  a  jurisdictional  conflict  does  not create
26    continuing, exclusive jurisdiction in the issuing tribunal.
27        (f)  A tribunal of this State  issuing  a  support  order
28    consistent  with  the  law  of  this  State  has  continuing,
29    exclusive   jurisdiction   over   a   spousal-support   order
30    throughout  the  existence  of  the  support  obligation.   A
31    tribunal of this State may not modify a spousal-support order
32    issued  by  a  tribunal  of  another state having continuing,
33    exclusive jurisdiction over  that order under the law of that
34    state.
 
                            -11-     LRB093 02284 DRJ 15404 a
 1    (Source: P.A. 90-240, eff. 7-28-97.)

 2        (750 ILCS 22/206)
 3        Sec. 206.  Enforcement and modification of support  order
 4    by   tribunal   having  Continuing  jurisdiction  to  enforce
 5    child-support order.
 6        (a)  A  tribunal  of  this  State  that  has   issued   a
 7    child-support order consistent with the law of this State may
 8    serve  as  an  initiating  tribunal  to request a tribunal of
 9    another state to enforce: or modify a support order issued in
10    that state.
11             (1)  the order if the order is the controlling order
12        and has not been modified by a tribunal of another  state
13        that   assumed   jurisdiction  pursuant  to  the  Uniform
14        Interstate Family Support Act; or
15             (2)  a money judgment for  arrears  of  support  and
16        interest on the order accrued before a determination that
17        an order of another state is the controlling order.
18        (b)  A   tribunal   of   this  State  having  continuing,
19    exclusive jurisdiction over a support  order  may  act  as  a
20    responding  tribunal  to  enforce  or modify the order.  If a
21    party subject to the continuing,  exclusive  jurisdiction  of
22    the  tribunal  no  longer  resides  in  the issuing state, in
23    subsequent proceedings the tribunal  may  apply  Section  316
24    (Special Rules of Evidence and Procedure) to receive evidence
25    from   another   state   and  Section  318  (Assistance  with
26    Discovery) to obtain discovery through a tribunal of  another
27    state.
28        (c)  A  tribunal  of  this  State which lacks continuing,
29    exclusive jurisdiction over a spousal-support order  may  not
30    serve  as  a  responding tribunal to modify a spousal-support
31    order of another state.
32    (Source: P.A. 90-240, eff. 7-28-97.)
 
                            -12-     LRB093 02284 DRJ 15404 a
 1        (750 ILCS 22/Art. 2, Part 3 heading)
 2                       PART 3. RECONCILIATION
 3                         OF MULTIPLE ORDERS

 4        (750 ILCS 22/207)
 5        Sec.  207.   Determination  Recognition  of   controlling
 6    child-support order.
 7        (a)  If  a proceeding is brought under this Act and  only
 8    one tribunal has issued a child-support order, the  order  of
 9    that tribunal controls and must be so recognized.
10        (b)  If  a  proceeding is brought under this Act, and two
11    or more child-support orders have been issued by tribunals of
12    this State or another state with regard to the  same  obligor
13    and  same  child,  a  tribunal  of this State having personal
14    jurisdiction over both the  obligor  and  individual  obligee
15    shall  apply the following rules and by order shall determine
16    in determining which order controls to recognize for purposes
17    of continuing, exclusive jurisdiction:
18             (1)   If only  one  of   the  tribunals  would  have
19        continuing,  exclusive  jurisdiction  under this Act, the
20        order  of  that  tribunal  controls  and   must   be   so
21        recognized.
22             (2)  If  more  than  one of the tribunals would have
23        continuing, exclusive jurisdiction under this Act:
24                  (A)  , an order issued by  a  tribunal  in  the
25             current  home  state of the child controls; and must
26             be so recognized, but
27                  (B)  if an order has not  been  issued  in  the
28             current  home  state  of  the  child, the order most
29             recently issued controls and must be so recognized.
30             (3)  If none of the tribunals would have continuing,
31        exclusive jurisdiction under this Act,  the  tribunal  of
32        this  State  having  jurisdiction  over the parties shall
33        issue a child-support order, which controls and  must  be
 
                            -13-     LRB093 02284 DRJ 15404 a
 1        so recognized.
 2        (c)  If two or more child-support orders have been issued
 3    for  the  same obligor and same child, upon request of and if
 4    the obligor or the individual obligee resides in this  State,
 5    a party who is an individual or a support enforcement agency,
 6    may   request  a  tribunal  of  this  State  having  personal
 7    jurisdiction over both the obligor and the obligee who is  an
 8    individual  shall  to determine which order controls and must
 9    be so recognized under subsection (b).  The  request  may  be
10    filed with a registration for enforcement or registration for
11    modification  pursuant  to  Article  6,  or may be filed as a
12    separate proceeding. The request must  be  accompanied  by  a
13    certified   copy  of  every  support  order  in  effect.  The
14    requesting party shall give notice of  the  request  to  each
15    party whose rights may be affected by the determination.
16        (d)  A  request  to  determine  which  is the controlling
17    order must be accompanied by a copy  of  every  child-support
18    order  in  effect and the applicable record of payments.  The
19    requesting party shall give notice of  the  request  to  each
20    party whose rights may be affected by the determination.
21        (e)  The tribunal that issued the controlling order under
22    subsection  (a),  (b),  or  (c)  is  the  tribunal  that  has
23    continuing,  exclusive jurisdiction to the extent provided in
24    under Section 205 or 206.
25        (f) (e)  A tribunal of this State that  which  determines
26    by order which is the identity of the controlling order under
27    subsection  (b)(1)  or (2) or (c), or that which issues a new
28    controlling order under subsection  (b)(3),  shall  state  in
29    that order:
30             (1)  the  basis  upon  which  the  tribunal made its
31        determination;
32             (2)  the amount of prospective support, if any; and
33             (3)  the total amount of  consolidated  arrears  and
34        accrued  interest,  if any, under all of the orders after
 
                            -14-     LRB093 02284 DRJ 15404 a
 1        all payments made are credited  as  provided  by  Section
 2        209.
 3        (g) (f)  Within  30  days  after  issuance  of  an  order
 4    determining  which  is the identity of the controlling order,
 5    the party obtaining the order shall file a certified copy  of
 6    it in with each tribunal that issued or registered an earlier
 7    order of child support. A party or support enforcement agency
 8    obtaining  who  obtains  the  order  that and fails to file a
 9    certified copy is  subject  to  appropriate  sanctions  by  a
10    tribunal  in  which  the issue of failure to file arises. The
11    failure  to  file   does   not   affect   the   validity   or
12    enforceability of the controlling order.
13        (h)  An   order  that  has  been  determined  to  be  the
14    controlling order, or a judgment for consolidated arrears  of
15    support  and  interest, if any, made pursuant to this Section
16    must be recognized in proceedings under this Act.
17    (Source: P.A. 90-240, eff. 7-28-97.)

18        (750 ILCS 22/208)
19        Sec. 208.  Multiple Child-support orders for two or  more
20    obligees.    In   responding  to  multiple  registrations  or
21    petitions for enforcement of two or more child support orders
22    in effect at the same time with regard to  the  same  obligor
23    and  different individual obligees, at least one of which was
24    issued by a tribunal of another state,  a  tribunal  of  this
25    State shall enforce those orders in the same manner as if the
26    multiple orders had been issued by a tribunal of this State.
27    (Source: P.A. 90-240, eff. 7-28-97.)

28        (750 ILCS 22/209)
29        Sec.  209.  Credit for payments. A tribunal of this State
30    shall credit amounts Amounts collected  and  credited  for  a
31    particular period pursuant to any child-support order against
32    the  amounts  owed  for  the  same  period  under  any  other
 
                            -15-     LRB093 02284 DRJ 15404 a
 1    child-support  order  for support of the same child a support
 2    order issued by a tribunal of this or another state  must  be
 3    credited against the amounts accruing or accrued for the same
 4    period  under  a support order issued by the tribunal of this
 5    State.
 6    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 7    by P.A. 88-691.)

 8        (750 ILCS 22/210 new)
 9        Sec. 210. Application of Act to  nonresident  subject  to
10    personal  jurisdiction.  A  tribunal of this State exercising
11    personal jurisdiction over  a  nonresident  in  a  proceeding
12    under  this  Act, under other law of this State relating to a
13    support order, or recognizing a support order  of  a  foreign
14    country  or  political subdivision on the basis of comity may
15    receive evidence from another state pursuant to Section  316,
16    communicate  with  a  tribunal  of  another state pursuant to
17    Section 317, and  obtain  discovery  through  a  tribunal  of
18    another state pursuant to Section 318. In all other respects,
19    Articles  3  through  7  do  not apply and the tribunal shall
20    apply the procedural and substantive law of this State.

21        (750 ILCS 22/211 new)
22        Sec. 211. Continuing, exclusive  jurisdiction  to  modify
23    spousal-support order.
24        (a)  A  tribunal  of this State issuing a spousal-support
25    order consistent with the law of this State  has  continuing,
26    exclusive  jurisdiction  to  modify the spousal-support order
27    throughout the existence of the support obligation.
28        (b)  A  tribunal  of  this  State  may   not   modify   a
29    spousal-support  order  issued by a tribunal of another state
30    having continuing, exclusive  jurisdiction  over  that  order
31    under the law of that state.
32        (c)  A  tribunal  of  this  State  that  has  continuing,
 
                            -16-     LRB093 02284 DRJ 15404 a
 1    exclusive jurisdiction over a spousal-support order may serve
 2    as:
 3             (1)  an initiating tribunal to request a tribunal of
 4        another state to enforce the spousal-support order issued
 5        in this State; or
 6             (2)  a  responding tribunal to enforce or modify its
 7        own spousal-support order.

 8        (750 ILCS 22/301)
 9        Sec. 301.  Proceedings under Act.
10        (a)  Except as  otherwise  provided  in  this  Act,  this
11    Article applies to all proceedings under this Act.
12        (b)  This Act provides for the following proceedings:
13             (1)  establishment  of  an order for spousal support
14        or child support pursuant to Article 4;
15             (2)  enforcement   of   a    support    order    and
16        income-withholding   order   of   another  state  without
17        registration pursuant to Article 5;
18             (3)  registration of an order for spousal support or
19        child support of another state for  enforcement  pursuant
20        to Article 6;
21             (4)  modification  of  an order for child support or
22        spousal support  issued  by  a  tribunal  of  this  State
23        pursuant to Article 2, Part 2;
24             (5)  registration  of  an order for child support of
25        another state for modification pursuant to Article 6;
26             (6)  determination of parentage pursuant to  Article
27        7; and
28             (7)  assertion  of  jurisdiction  over  nonresidents
29        pursuant to Article 2, Part 1.
30        (c)  An  individual  obligee  or  a  support  enforcement
31    agency  may  initiate  commence a proceeding authorized under
32    this Act by filing a petition in an initiating  tribunal  for
33    forwarding  to  a responding tribunal or by filing a petition
 
                            -17-     LRB093 02284 DRJ 15404 a
 1    or a comparable pleading directly in a  tribunal  of  another
 2    state  which has or can obtain personal jurisdiction over the
 3    obligor.
 4    (Source: P.A. 90-240, eff. 7-28-97.)

 5        (750 ILCS 22/302)
 6        Sec. 302. Proceeding Action by  minor  parent.   A  minor
 7    parent or a guardian or other legal representative of a minor
 8    parent  may  maintain  a  proceeding  on behalf of or for the
 9    benefit of the minor's child.
10    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
11    by P.A. 88-691.)

12        (750 ILCS 22/303)
13        Sec. 303.   Application  of  law  of  State.   Except  as
14    otherwise  provided  in by this Act, a responding tribunal of
15    this State shall:
16        (1)  shall apply  the  procedural  and  substantive  law,
17    including the rules on choice of law, generally applicable to
18    similar   proceedings  originating  in  this  State  and  may
19    exercise all powers and provide  all  remedies  available  in
20    those proceedings; and
21        (2)  shall  determine  the duty of support and the amount
22    payable in accordance with the law and support guidelines  of
23    this State.
24    (Source: P.A. 90-240, eff. 7-28-97.)

25        (750 ILCS 22/304)
26        Sec. 304.  Duties of initiating tribunal.
27        (a)  Upon  the  filing  of  a petition authorized by this
28    Act, an initiating tribunal of this State shall forward three
29    copies of the petition and its accompanying documents:
30             (1)  to  the  responding  tribunal  or   appropriate
31        support enforcement agency in the responding state; or
 
                            -18-     LRB093 02284 DRJ 15404 a
 1             (2)  if  the  identity of the responding tribunal is
 2        unknown,  to  the  state  information   agency   of   the
 3        responding state with a request that they be forwarded to
 4        the    appropriate   tribunal   and   that   receipt   be
 5        acknowledged.
 6        (b)  If  requested  by  the  responding  tribunal,  a   a
 7    responding  state  has  not  enacted  this  Act  or  a law or
 8    procedure substantially similar to this Act,  a  tribunal  of
 9    this  State  shall  may issue a certificate or other document
10    and make findings required  by  the  law  of  the  responding
11    state.  If  the  responding  state  is  a  foreign country or
12    political subdivision jurisdiction, upon request the tribunal
13    shall may specify the amount of support sought, convert  that
14    amount  into  the  equivalent  amount in the foreign currency
15    under applicable official or market exchange rate as publicly
16    reported, and and provide any other  documents  necessary  to
17    satisfy the requirements of the responding state.
18    (Source: P.A. 90-240, eff. 7-28-97.)

19        (750 ILCS 22/305)
20        Sec. 305.  Duties and powers of responding tribunal.
21        (a)  When  a responding tribunal of this State receives a
22    petition or comparable pleading from an  initiating  tribunal
23    or directly pursuant to Section 301(b)(c), it shall cause the
24    petition or pleading to be filed and notify the obligee where
25    and when it was filed.
26        (b)  A  responding  tribunal of this State, to the extent
27    not prohibited otherwise authorized by other law, may do  one
28    or more of the following:
29             (1)  issue  or  enforce  a  support  order, modify a
30        child-support   order,    determine    the    controlling
31        child-support  order,  or  render a judgment to determine
32        parentage;
33             (2)  order an  obligor  to  comply  with  a  support
 
                            -19-     LRB093 02284 DRJ 15404 a
 1        order,   specifying   the   amount   and  the  manner  of
 2        compliance;
 3             (3)  order income withholding;
 4             (4)  determine the amount  of  any  arrearages,  and
 5        specify a method of payment;
 6             (5)  enforce  orders  by civil or criminal contempt,
 7        or both;
 8             (6)  set aside  property  for  satisfaction  of  the
 9        support  order;
10             (7)  place   liens   and   order  execution  on  the
11        obligor's property;
12             (8)  order an obligor to keep the tribunal  informed
13        of  the  obligor's current residential address, telephone
14        number, employer, address of  employment,  and  telephone
15        number at the place of employment;
16             (9)  issue  a  bench  warrant for an obligor who has
17        failed after proper notice to appear at a hearing ordered
18        by the tribunal and enter the bench warrant in any  local
19        and state computer systems for criminal warrants;
20             (10)  order   the   obligor   to   seek  appropriate
21        employment by specified methods;
22             (11)  award reasonable  attorney's  fees  and  other
23        fees and costs;  and
24             (12)  grant any other available remedy.
25        (c)  A responding tribunal of this State shall include in
26    a  support  order  issued under this Act, or in the documents
27    accompanying the order, the calculations on which the support
28    order is based.
29        (d)  A  responding  tribunal  of  this  State   may   not
30    condition  the  payment  of a support order issued under this
31    Act  upon  compliance  by  a  party   with   provisions   for
32    visitation.
33        (e)  If  a  responding  tribunal  of this State issues an
34    order under this Act, the tribunal shall send a copy  of  the
 
                            -20-     LRB093 02284 DRJ 15404 a
 1    order  to  the  obligee and the obligor and to the initiating
 2    tribunal, if any.
 3        (f)  If requested to enforce a support order, arrears, or
 4    judgement or modify a  support  order  stated  in  a  foreign
 5    currency,  a  responding tribunal of this State shall convert
 6    the amount stated in the foreign currency to  the  equivalent
 7    amount  in  dollars  under  the applicable official or market
 8    exchange rate as publicly reported.
 9    (Source: P.A. 90-240, eff. 7-28-97.)

10        (750 ILCS 22/306)
11        Sec. 306.  Inappropriate  tribunal.   If  a  petition  or
12    comparable  pleading is received by an inappropriate tribunal
13    of this State, it the tribunal shall forward the pleading and
14    accompanying  documents to an appropriate  tribunal  in  this
15    State  or another state and notify the obligee where and when
16    the pleading was sent.
17    (Source: P.A. 90-240, eff. 7-28-97.)

18        (750 ILCS 22/307)
19        Sec. 307.  Duties of support enforcement agency.
20        (a)  A support enforcement agency  of  this  State,  upon
21    request,   shall  provide  services  to  a  petitioner  in  a
22    proceeding under this Act. This subsection  does  not  affect
23    any  ability  the  support  enforcement  agency  may  have to
24    require an application for services, charge fees, or  recover
25    costs   in   accordance   with   federal  or  State  law  and
26    regulations.
27        (b)  A  support  enforcement  agency  that  is  providing
28    services to the petitioner as appropriate shall:
29             (1)  take  all  steps   necessary   to   enable   an
30        appropriate  tribunal  in  this State or another state to
31        obtain jurisdiction over the respondent;
32             (2)  request an appropriate tribunal to set a  date,
 
                            -21-     LRB093 02284 DRJ 15404 a
 1        time, and place for a hearing;
 2             (3)  make a reasonable effort to obtain all relevant
 3        information,  including  information  as  to  income  and
 4        property of the parties;
 5             (4)  within   10   days,   exclusive  of  Saturdays,
 6        Sundays, and legal holidays, after receipt of  a  written
 7        notice  in  a  record  from an initiating, responding, or
 8        registering tribunal, send a copy of the  notice  to  the
 9        petitioner;
10             (5)  within   10   days,   exclusive  of  Saturdays,
11        Sundays, and legal holidays, after receipt of  a  written
12        communication  in  a  record  from  the respondent or the
13        respondent's attorney, send a copy of  the  communication
14        to the petitioner; and
15             (6)  notify  the petitioner if jurisdiction over the
16        respondent cannot be obtained.
17        (c)  A support enforcement  agency  of  this  State  that
18    requests  registration of a child-support order in this State
19    for enforcement or for  modification  shall  make  reasonable
20    efforts:
21             (1)  to  ensure  that  the order to be registered is
22        the controlling order; or
23             (2)  if two or more child-support orders  exist  and
24        the  identity  of  the  controlling  order  has  not been
25        determined,  to  ensure  that  a  request  for   such   a
26        determination  is  made in a tribunal having jurisdiction
27        to do so.
28        (d)  A support enforcement  agency  of  this  State  that
29    requests  registration  and  enforcement  of a support order,
30    arrears, or judgement stated  in  a  foreign  currency  shall
31    convert  the  amounts stated in the foreign currency into the
32    equivalent amounts in dollars under the  applicable  official
33    or market exchange rate as publicly reported.
34        (e)  A  support  enforcement  agency  of this State shall
 
                            -22-     LRB093 02284 DRJ 15404 a
 1    issue or  request  a  tribunal  of  this  State  to  issue  a
 2    child-support  order  and  an  income-withholding  order that
 3    redirect payment of current support, arrears, and interest if
 4    requested to do so by a support enforcement agency of another
 5    state pursuant to  Section  319  of  the  Uniform  Interstate
 6    Family Support Act.
 7        (f) (c)  This   Act   does   not   create   or  negate  a
 8    relationship  of  attorney  and  client  or  other  fiduciary
 9    relationship between a  support  enforcement  agency  or  the
10    attorney  for the agency and the individual being assisted by
11    the agency.
12    (Source: P.A. 90-240, eff. 7-28-97.)

13        (750 ILCS 22/310)
14        Sec. 310.  Duties of the Illinois  Department  of  Public
15    Aid.
16        (a)  The  Illinois  Department of Public Aid is the state
17    information agency under this Act.
18        (b)  The state information agency shall:
19             (1)  compile and maintain a current list,  including
20        addresses,  of  the  tribunals  in  this State which have
21        jurisdiction under this Act and any  support  enforcement
22        agencies  in  this State and transmit a copy to the state
23        information agency of every other state;
24             (2)  maintain a register of names and  addresses  of
25        tribunals  and support enforcement agencies received from
26        other states;
27             (3)  forward to  the  appropriate  tribunal  in  the
28        county  place  in  this  State  in  which  the individual
29        obligee who is an individual or the obligor  resides,  or
30        in  which  the  obligor's  property  is  believed  to  be
31        located, all documents concerning a proceeding under this
32        Act  received  from  an  initiating tribunal or the state
33        information agency of the initiating state; and
 
                            -23-     LRB093 02284 DRJ 15404 a
 1             (4)  obtain information concerning the  location  of
 2        the  obligor and the obligor's property within this State
 3        not exempt  from  execution,  by  such  means  as  postal
 4        verification  and  federal  or  state  locator  services,
 5        examination  of  telephone  directories, requests for the
 6        obligor's address  from  employers,  and  examination  of
 7        governmental   records,  including,  to  the  extent  not
 8        prohibited by other law, those relating to real property,
 9        vital  statistics,  law  enforcement,   taxation,   motor
10        vehicles, driver's licenses, and social security.
11        (c)  The  Illinois Department of Public Aid may determine
12    that  a  foreign  country  or   political   subdivision   has
13    established  a  reciprocal arrangement for child support with
14    Illinois and take appropriate action for notification of this
15    determination.
16    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
17    by P.A. 88-691.)

18        (750 ILCS 22/311)
19        Sec. 311.  Pleadings and accompanying documents.
20        (a)  In a proceeding  under  this  Act,  a  A  petitioner
21    seeking  to  establish  or  modify  a  support  order  or  to
22    determine parentage or to register and modify a support order
23    of  another  state in a proceeding under this Act must file a
24    verify the petition. Unless otherwise ordered  under  Section
25    312,  the petition or accompanying documents must provide, so
26    far as known,  the  name,  residential  address,  and  social
27    security  numbers of the respondent and the petitioner or the
28    parent and alleged parent, and  the  name,  sex,  residential
29    address,  social  security  number, and date of birth of each
30    child for whose benefit  whom  support  is  sought  or  whose
31    parentage  is  to be determined.  Unless filed at the time of
32    registration, the petition must be accompanied by a certified
33    copy of any support  order  known  to  have  been  issued  by
 
                            -24-     LRB093 02284 DRJ 15404 a
 1    another  tribunal  in  effect.   The petition may include any
 2    other information that may assist in locating or  identifying
 3    the respondent.
 4        (b)  The  petition  must  specify the relief sought.  The
 5    petition   and   accompanying    documents    must    conform
 6    substantially  with  the  requirements  imposed  by the forms
 7    mandated by federal law for use in cases filed by  a  support
 8    enforcement agency.
 9    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
10    by P.A. 88-691; 88-691, eff. 1-24-95.)

11        (750 ILCS 22/312)
12        Sec.  312.   Nondisclosure  of information in exceptional
13    circumstances. If a  party  alleges  in  an  affidavit  or  a
14    pleading  under oath that the health, safety, or liberty of a
15    party or child would be jeopardized by disclosure of specific
16    identifying information, that information must be sealed  and
17    may  not  be  disclosed to the other party or public. After a
18    hearing in which a  tribunal  takes  into  consideration  the
19    health,  safety,  or  liberty  of  the  party  or  child, the
20    tribunal  may  order  disclosure  of  information  that   the
21    tribunal  determines to be in the interest of justice. Upon a
22    finding, which may be made ex parte, that the health, safety,
23    or liberty of a party or child would be unreasonably  put  at
24    risk  by  the disclosure of identifying information, or if an
25    existing order so provides, a tribunal shall order  that  the
26    address   of   the   child  or  party  or  other  identifying
27    information not be disclosed in a pleading or other  document
28    filed in a proceeding under this Act.
29    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
30    by P.A. 88-691.)

31        (750 ILCS 22/314)
32        Sec. 314.  Limited immunity of petitioner.
 
                            -25-     LRB093 02284 DRJ 15404 a
 1        (a)  Participation  by a petitioner in a proceeding under
 2    this Act before a responding tribunal, whether in person,  by
 3    private attorney, or through services provided by the support
 4    enforcement  agency,  does  not  confer personal jurisdiction
 5    over the petitioner in another proceeding.
 6        (b)  A petitioner is not amenable  to  service  of  civil
 7    process while physically present in this State to participate
 8    in a proceeding under this Act.
 9        (c)  The immunity granted by this Section does not extend
10    to  civil  litigation based on acts unrelated to a proceeding
11    under this Act committed by a party  while  present  in  this
12    State to participate in the proceeding.
13    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
14    by P.A. 88-691; 88-691, eff. 1-24-95.)

15        (750 ILCS 22/316)
16        Sec. 316.  Special rules of evidence and procedure.
17        (a)  The  physical presence of a nonresident party who is
18    an individual the petitioner in a responding tribunal of this
19    State is not required for the establishment, enforcement,  or
20    modification  of  a  support  order  or  the  rendition  of a
21    judgment determining parentage.
22        (b)  An  A  verified  petition,  affidavit,  a   document
23    substantially complying with federally mandated forms, or and
24    a   document  incorporated by reference in any of them, which
25    would not be excluded under the  hearsay  rule  if  given  in
26    person,  is  admissible in evidence if given under penalty of
27    perjury oath by a party or witness residing in another state.
28        (c)  A copy  of  the  record  of  child-support  payments
29    certified  as a true copy of the original by the custodian of
30    the record may be forwarded to a  responding  tribunal.   The
31    copy  is  evidence of facts asserted in it, and is admissible
32    to show whether payments were made.
33        (d)  Copies of bills for testing for parentage,  and  for
 
                            -26-     LRB093 02284 DRJ 15404 a
 1    prenatal  and  postnatal health care of the mother and child,
 2    furnished to the adverse party at least 10 days before trial,
 3    are admissible in evidence to prove the amount of the charges
 4    billed and that the charges were reasonable,  necessary,  and
 5    customary.
 6        (e)  Documentary  evidence transmitted from another state
 7    to a tribunal of this  State  by  telephone,  telecopier,  or
 8    other  means  that  do not provide an original record writing
 9    may not be excluded from evidence on an  objection  based  on
10    the means of transmission.
11        (f)  In  a  proceeding under this Act, a tribunal of this
12    State shall may permit a party or witness residing in another
13    state to be deposed or to testify by  telephone,  audiovisual
14    means,  or other electronic means at a designated tribunal or
15    other location in that state.  A tribunal of this State shall
16    cooperate with tribunals of other states  in  designating  an
17    appropriate location for the deposition or testimony.
18        (g)  If  a  party  called  to  testify at a civil hearing
19    refuses to answer on the ground that  the  testimony  may  be
20    self-incriminating,  the  trier  of  fact may draw an adverse
21    inference from the refusal.
22        (h)  A privilege  against  disclosure  of  communications
23    between  spouses  does  not  apply in a proceeding under this
24    Act.
25        (i)  The defense of immunity based on the relationship of
26    husband and wife or parent and child  does  not  apply  in  a
27    proceeding under this Act.
28        (j)  A  voluntary  acknowledgment of paternity, certified
29    as a true copy, is admissible to establish parentage  of  the
30    child.
31    (Source: P.A. 90-240, eff. 7-28-97.)

32        (750 ILCS 22/317)
33        Sec.  317.  Communications between tribunals.  A tribunal
 
                            -27-     LRB093 02284 DRJ 15404 a
 1    of this State may communicate  with  a  tribunal  of  another
 2    state or foreign country or political subdivision in a record
 3    writing,   or   by   telephone  or  other  means,  to  obtain
 4    information concerning the laws  of  that  state,  the  legal
 5    effect  of a judgment, decree, or order of that tribunal, and
 6    the status of a proceeding in  the  other  state  or  foreign
 7    country  or  political subdivision.  A tribunal of this State
 8    may  furnish  similar  information  by  similar  means  to  a
 9    tribunal of another state or  foreign  country  or  political
10    subdivision.
11    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
12    by P.A. 88-691.)

13        (750 ILCS 22/319)
14        Sec.  319.   Receipt  and  disbursement  of  payments.  A
15    support  enforcement  agency  or tribunal of this State shall
16    disburse promptly any amounts received pursuant to a  support
17    order,  as  directed  by  the  order.  The agency or tribunal
18    shall furnish to a requesting party or  tribunal  of  another
19    state a certified statement by the custodian of the record of
20    the amounts and dates of all payments received.
21        (b)  If  neither  the  obligor, nor the obligee who is an
22    individual, nor the child resides in this State, upon request
23    from the support enforcement agency of this State or  another
24    state,  the  support  enforcement  agency  of this State or a
25    tribunal of this State shall:
26             (1)  direct that the support payment be made to  the
27        support  enforcement  agency  in  the  state in which the
28        obligee is receiving services; and
29             (2)  issue and send  to  the  obligor's  employer  a
30        conforming  income-withholding order or an administrative
31        notice of change  of  payee,  reflecting  the  redirected
32        payments.
33             (3)  The  support  enforcement  agency of this State
 
                            -28-     LRB093 02284 DRJ 15404 a
 1        receiving redirected payments from another state pursuant
 2        to a law similar to subsection (b)  shall  furnish  to  a
 3        requesting  party  or  tribunal  of  the  other  state  a
 4        certified statement by the custodian of the record of the
 5        amount and dates of all payments received.
 6    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 7    by P.A. 88-691.)

 8        (750 ILCS 22/401)
 9        Sec. 401.  Petition to establish support order.
10        (a)  If  a  support  order  entitled to recognition under
11    this Act has not been issued, a responding tribunal  of  this
12    State may issue a support order if:
13             (1)  the  individual  seeking  the  order resides in
14        another state; or
15             (2)  the  support  enforcement  agency  seeking  the
16        order is located in another state.
17        (b)  The tribunal may  issue  a  temporary  child-support
18    order  if  the  tribunal  determines  that  such  an order is
19    appropriate and the individual ordered to pay is:
20             (1)  a presumed father of the child;
21             (2)  petitioning to have his paternity adjudicated;
22             (3)  identified as the father of the  child  through
23        genetic testing;
24             (4)  an alleged father who has declined to submit to
25        genetic testing;
26             (5)  shown  by  clear  and convincing evidence to be
27        the father of the child;
28             (6)  an   acknowledged   father   as   provided   by
29        applicable State law;
30             (7)  the mother of the child; or
31             (8)  an individual who has been ordered to pay child
32        support in a previous proceeding and the  order  has  not
33        been reversed or vacated.
 
                            -29-     LRB093 02284 DRJ 15404 a
 1             (1)  the  respondent has signed a verified statement
 2        acknowledging parentage;
 3             (2)  the  respondent  has  been  determined  by   or
 4        pursuant to law to be the parent; or
 5             (3)  there  is  other  clear and convincing evidence
 6        that the respondent is the child's parent.
 7        (c)  Upon finding, after notice  and  opportunity  to  be
 8    heard, that a respondent owes a duty of support, the tribunal
 9    shall  issue  a  support order directed to the respondent and
10    may issue other orders pursuant to Section 305.
11    (Source: P.A. 90-240, eff. 7-28-97.)

12        (750 ILCS 22/501)
13        Sec. 501.  Employer's receipt of income-withholding order
14    of another  state.  An  income-withholding  order  issued  in
15    another  state may be sent by or on behalf of the obligee, or
16    by the support enforcement agency, to the  person  or  entity
17    defined    as    the    obligor's    employer    under    the
18    income-withholding  law  of this State without first filing a
19    petition or comparable pleading or registering the order with
20    a tribunal of this State.
21    (Source: P.A. 90-240, eff. 7-28-97.)

22        (750 ILCS 22/502)
23        Sec. 502.  Employer's compliance with  income-withholding
24    order of another state.
25        (a)  Upon  receipt  of  an  income-withholding order, the
26    obligor's employer shall immediately provide a  copy  of  the
27    order to the obligor.
28        (b)  The employer shall treat an income-withholding order
29    issued  in another state which appears regular on its face as
30    if it had been issued by a tribunal of this State.
31        (c)  Except as otherwise provided in subsection  (d)  and
32    Section  503  the  employer shall withhold and distribute the
 
                            -30-     LRB093 02284 DRJ 15404 a
 1    funds as directed in the withholding order by complying  with
 2    terms of the order which specify:
 3             (1)  the duration and amount of periodic payments of
 4        current child-support, stated as a sum certain;
 5             (2)  the  person  or  agency  designated  to receive
 6        payments and the address to which the payments are to  be
 7        forwarded;
 8             (3)  medical   support,   whether  in  the  form  of
 9        periodic cash  payment,  stated  as  a  sum  certain,  or
10        ordering the obligor to provide health insurance coverage
11        for  the  child  under  a  policy  available  through the
12        obligor's employment;
13             (4)  the amount of periodic  payments  of  fees  and
14        costs  for  a  support  enforcement  agency,  the issuing
15        tribunal, and the  obligee's  attorney,  stated  as  sums
16        certain; and
17             (5)  the  amount  of periodic payments of arrearages
18        and interest on arrearages, stated as sums certain.
19        (d)  An employer shall comply with the law of  the  state
20    of   the   obligor's   principal   place  of  employment  for
21    withholding from income with respect to:
22             (1)  the   employer's   fee   for   processing    an
23        income-withholding order;
24             (2)  the  maximum  amount  permitted  to be withheld
25        from the obligor's income; and
26             (3)  the  times  within  which  the  employer   must
27        implement  the  withholding  order  and forward the child
28        support payment.
29    (Source: P.A. 90-240, eff. 7-28-97.)

30        (750 ILCS 22/503)
31        Sec.  503.  Employer's  compliance  with  two   or   more
32    multiple  income-withholding orders. If an obligor's employer
33    receives two or more multiple income-withholding orders  with
 
                            -31-     LRB093 02284 DRJ 15404 a
 1    respect  to  the  earnings  of the same obligor, the employer
 2    satisfies the terms of the multiple orders  if  the  employer
 3    complies with the law of the state of the obligor's principal
 4    place   of   employment   to  establish  the  priorities  for
 5    withholding and allocating income withheld for  two  or  more
 6    multiple child support obligees.
 7    (Source: P.A. 90-240, eff. 7-28-97.)

 8        (750 ILCS 22/506)
 9        Sec. 506.  Contest by obligor.
10        (a)  An  obligor  may contest the validity or enforcement
11    of an income-withholding order issued in  another  state  and
12    received directly by an employer in this State by registering
13    the order in a tribunal of this State and filing a contest to
14    that  order as provided in Article 6, or otherwise contesting
15    the order in the same manner as if the order had been  issued
16    by  a  tribunal  of  this  State.  Section 604 applies to the
17    contest.
18        (b)  The obligor shall give notice of the contest to:
19             (1) a support enforcement agency providing  services
20        to the obligee;
21             (2)  each  employer  that  has  directly received an
22        income-withholding order relating to the obligor; and
23             (3)  the person  or  agency  designated  to  receive
24        payments  in the income-withholding order or if no person
25        or agency is designated, to the obligee.
26    (Source: P.A. 90-240, eff. 7-28-97.)

27        (750 ILCS 22/507)
28        Sec. 507.  Administrative enforcement of orders.
29        (a)  A party or support  enforcement  agency  seeking  to
30    enforce  a  support  order or an income-withholding order, or
31    both, issued by a tribunal of  another  state  may  send  the
32    documents  required  for  registering  the order to a support
 
                            -32-     LRB093 02284 DRJ 15404 a
 1    enforcement agency of this State.
 2        (b)  Upon  receipt  of   the   documents,   the   support
 3    enforcement agency, without initially seeking to register the
 4    order,   shall   consider   and,   if  appropriate,  use  any
 5    administrative procedure authorized by the law of this  State
 6    to enforce a support order or an income-withholding order, or
 7    both.    If  the  obligor  does  not  contest  administrative
 8    enforcement, the  order  need  not  be  registered.   If  the
 9    obligor  contests  the validity or administrative enforcement
10    of the order, the support enforcement agency  shall  register
11    the order pursuant to this Act.
12    (Source: P.A. 90-240, eff. 7-28-97.)

13        (750 ILCS 22/Art. 6 heading)
14                             ARTICLE 6.
15                   REGISTRATION, ENFORCEMENT, AND
16                    MODIFICATION OF SUPPORT ORDER
17                         AFTER REGISTRATION

18        (750 ILCS 22/601)
19        Sec.  601.   Registration  of  order  for  enforcement. A
20    support order or an  income-withholding  order  issued  by  a
21    tribunal of another state may be registered in this State for
22    enforcement.
23    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
24    by P.A. 88-691.)

25        (750 ILCS 22/602)
26        Sec. 602.  Procedure to register order for enforcement.
27        (a)  A  support  order  or  income-withholding  order  of
28    another  state may be registered in this State by sending the
29    following  records   documents   and   information   to   the
30    appropriate tribunal in this State:
31             (1)  a   letter   of  transmittal  to  the  tribunal
 
                            -33-     LRB093 02284 DRJ 15404 a
 1        requesting registration and enforcement;
 2             (2)  2 copies, including one certified copy, of  the
 3        order   all   orders  to  be  registered,  including  any
 4        modification of the an order;
 5             (3)  a sworn  statement  by  the  person  requesting
 6        party  seeking  registration  or a certified statement by
 7        the custodian of the records showing the  amount  of  any
 8        arrearage;
 9             (4)  the name of the obligor and, if known:
10                  (i)  the  obligor's address and social security
11             number;
12                  (ii)  the name and  address  of  the  obligor's
13             employer  and  any  other  source  of  income of the
14             obligor; and
15                  (iii)  a  description  and  the   location   of
16             property  of  the  obligor  in this State not exempt
17             from execution; and
18             (5)  except as otherwise provided  in  Section  312,
19        the  name  and address of the obligee and, if applicable,
20        the agency or person to whom support payments are  to  be
21        remitted.
22        (b)  On  receipt  of  a  request  for  registration,  the
23    registering  tribunal  shall cause the order to be filed as a
24    foreign judgment, together with one copy of the documents and
25    information, regardless of their form.
26        (c)  A petition or comparable pleading seeking  a  remedy
27    that  must  be  affirmatively  sought under other law of this
28    State may be filed at  the  same  time  as  the  request  for
29    registration or later.  The pleading must specify the grounds
30    for the remedy sought.
31        (d)  If  two  or  more  orders  are in effect, the person
32    requesting registration shall:
33             (1)  furnish to the tribunal a copy of every support
34        order asserted  to  be  in  effect  in  addition  to  the
 
                            -34-     LRB093 02284 DRJ 15404 a
 1        documents specified in this Section;
 2             (2)  specify the order alleged to be the controlling
 3        order, if any; and
 4             (3)  specify  the amount of consolidated arrears, if
 5        any.
 6        (e)  A request  for  a  determination  of  which  is  the
 7    controlling  order  may be filed separately or with a request
 8    for registration and  enforcement  or  for  registration  and
 9    modification.   The person requesting registration shall give
10    notice of the request to  each  party  whose  rights  may  be
11    affected by the determination.
12    (Source: P.A. 92-463, eff. 8-22-01.)

13        (750 ILCS 22/604)
14        Sec. 604.  Choice of law.
15        (a)  Except  as otherwise provided in subsection (d), the
16    law of the issuing state governs:
17             (1)  the nature, extent,  amount,  and  duration  of
18        current  payments  under  a registered support order; and
19        other obligations of support and
20             (2)  the computation and payment of  arrearages  and
21        accrual  of  interest on the arrearages under the support
22        order; and
23             (3)  the  existence  and   satisfaction   of   other
24        obligations under the support order.
25        (b)  In  a  proceeding  for  arrears  under  a registered
26    support order arrearages, the statute of limitation under the
27    laws of this State or of  the  issuing  state,  whichever  is
28    longer, applies.
29        (c)  A  responding tribunal of this State shall apply the
30    procedures and remedies of  this  State  to  enforce  current
31    support  and  collect  arrears  and interest due on a support
32    order of another state registered in this State.
33        (d)  After a tribunal of this or another state determines
 
                            -35-     LRB093 02284 DRJ 15404 a
 1    which  is  the  controlling  order  and   issues   an   order
 2    consolidating arrears, if any, a tribunal of this State shall
 3    prospectively   apply  the  law  of  the  state  issuing  the
 4    controlling order, including its law on interest on  arrears,
 5    on current and future support, and on consolidated arrears.
 6    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 7    by P.A. 88-691.)

 8        (750 ILCS 22/605)
 9        Sec. 605.  Notice of registration of order.
10        (a)  When  a  support  order  or income-withholding order
11    issued  in  another  state  is  registered,  the  registering
12    tribunal shall notify the nonregistering  party.  The  notice
13    must be accompanied by a copy of the registered order and the
14    documents and relevant information accompanying the order.
15        (b)  A The notice must inform the nonregistering party:
16             (1)  that  a  registered  order is enforceable as of
17        the date of registration in the same manner as  an  order
18        issued by a tribunal of this State;
19             (2)  that  a  hearing  to  contest  the  validity or
20        enforcement of the registered  order  must  be  requested
21        within  20  days  after  the  date of mailing or personal
22        service of the notice;
23             (3)  that  failure  to  contest  the   validity   or
24        enforcement  of  the  registered order in a timely manner
25        will result in confirmation of the order and  enforcement
26        of  the  order  and  the alleged arrearages and precludes
27        further contest of that order with respect to any  matter
28        that could have been asserted; and
29             (4)  of the amount of any alleged arrearages.
30        (c)  If  the  registering  party asserts that two or more
31    orders are in effect, a notice must also:
32             (1)  identify the two or more orders and  the  order
33        alleged  by  the registering person to be the controlling
 
                            -36-     LRB093 02284 DRJ 15404 a
 1        order and the consolidated arrears, if any;
 2             (2)  notify the nonregistering party of the right to
 3        a determination of which is the controlling order;
 4             (3)  state   that   the   procedures   provided   in
 5        subsection (b) apply to the determination of which is the
 6        controlling order; and
 7             (4)  state that failure to contest the  validity  or
 8        enforcement  of  the  order alleged to be the controlling
 9        order in a timely manner may result in confirmation  that
10        the order is the controlling order.
11        (d) (c)  Upon registration of an income-withholding order
12    for  enforcement,  the  registering tribunal shall notify the
13    obligor's employer pursuant to  the  Income  Withholding  for
14    Support Act.
15    (Source:  P.A.  90-240,  eff.  7-28-97; 90-655, eff. 7-30-98;
16    90-673, eff. 1-1-99; 91-357, eff. 7-29-99.)

17        (750 ILCS 22/607)
18        Sec. 607.  Contest of registration or enforcement.
19        (a)  A party contesting the validity or enforcement of  a
20    registered  order  or  seeking to vacate the registration has
21    the burden of proving one or more of the following defenses:
22             (1)  the   issuing    tribunal    lacked    personal
23        jurisdiction over the contesting party;
24             (2)  the order was obtained by fraud;
25             (3)  the  order  has  been  vacated,  suspended,  or
26        modified by a later order;
27             (4)  the  issuing  tribunal  has  stayed  the  order
28        pending appeal;
29             (5)  there  is a defense under the law of this State
30        to the remedy sought;
31             (6)  full or partial payment has been made; or
32             (7)  the statute of  limitation  under  Section  604
33        precludes  enforcement  of  some  or  all  of the alleged
 
                            -37-     LRB093 02284 DRJ 15404 a
 1        arrearages; or
 2             (8)  the  alleged  controlling  order  is  not   the
 3        controlling order.
 4        (b)  If  a party presents evidence establishing a full or
 5    partial defense under subsection (a),  a  tribunal  may  stay
 6    enforcement  of the registered order, continue the proceeding
 7    to permit production of  additional  relevant  evidence,  and
 8    issue  other  appropriate  orders.  An uncontested portion of
 9    the  registered  order  may  be  enforced  by  all   remedies
10    available under the law of this State.
11        (c)  If the contesting party does not establish a defense
12    under  subsection  (a)  to the validity or enforcement of the
13    order,  the  registering  tribunal  shall  issue   an   order
14    confirming  the order.
15    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
16    by P.A. 88-691.)

17        (750 ILCS 22/610)
18        Sec.  610.   Effect  of  registration for modification. A
19    tribunal of this State may enforce a child-support  order  of
20    another state registered for purposes of modification, in the
21    same  manner as if the order had been issued by a tribunal of
22    this State, but the registered order may be modified only  if
23    the requirements of Section 611, 613, or 615 have been met.
24    (Source: P.A. 90-240, eff. 7-28-97.)

25        (750 ILCS 22/611)
26        Sec. 611.  Modification of Child-Support Order of Another
27    State.
28        (a)  If  Section  613  does no apply, except as otherwise
29    provided in Section 615, upon petition  a  tribunal  of  this
30    State  may  modify  After  a  child-support  order  issued in
31    another state which is has been registered in this State, the
32    responding tribunal of this State may modify that order  only
 
                            -38-     LRB093 02284 DRJ 15404 a
 1    if  Section  613  does  not  apply  and  if, after notice and
 2    hearing, the tribunal it finds that:
 3             (1)  the following requirements are met:
 4                  (A) (i)  neither the child, nor the  individual
 5             petitioner   who  is  an  individual,  nor  and  the
 6             respondent resides do  not  reside  in  the  issuing
 7             state;
 8                  (B)  (ii)  a petitioner who is a nonresident of
 9             this State seeks modification; and
10                  (C) (iii)  the respondent  is  subject  to  the
11             personal jurisdiction of the tribunal of this State;
12             or
13             (2)  this  State  is  the  State of residence of the
14        child, or a party who is an individual, is subject to the
15        personal jurisdiction of the tribunal of this  State  and
16        all of the parties who are individuals have filed written
17        consents  in  a  record  in  the  issuing  tribunal for a
18        tribunal of this State to modify the  support  order  and
19        assume continuing, exclusive jurisdiction over the order.
20        However,  if  the issuing state is a foreign jurisdiction
21        that has not enacted  a  law  or  established  procedures
22        substantially  similar  to the procedures under this Act,
23        the consent otherwise required of an individual  residing
24        in  this State is not required for the tribunal to assume
25        jurisdiction to modify the child-support order.
26        (b)  Modification of a registered child-support order  is
27    subject  to  the  same requirements, procedures, and defenses
28    that  apply to the modification  of  an  order  issued  by  a
29    tribunal  of  this  State  and  the order may be enforced and
30    satisfied in the same manner.
31        (c)  Except as  otherwise  provided  in  Section  615,  a
32    tribunal  of  this  State  may  not  modify  any  aspect of a
33    child-support order that may not be modified under the law of
34    the issuing state, including the duration of  the  obligation
 
                            -39-     LRB093 02284 DRJ 15404 a
 1    of   support.   If   two   or   more  tribunals  have  issued
 2    child-support orders for the same obligor and same child, the
 3    order that controls and must be so recognized  under  Section
 4    207  establishes  the  aspects of the support order which are
 5    nonmodifiable.
 6        (d)  In a proceeding to modify a child-support order, the
 7    law of the state  that  is  determined  to  have  issued  the
 8    initial   controlling  order  governs  the  duration  of  the
 9    obligation of support.  The obligor's fulfillment of the duty
10    of support established by that order precludes imposition  of
11    a further obligation of support by a tribunal of this State.
12        (e)  (d)  On  issuance  of an order by a tribunal of this
13    State modifying  a  child-support  order  issued  in  another
14    state,  the  a  tribunal  of  this State becomes the tribunal
15    having continuing, exclusive jurisdiction.
16    (Source: P.A. 90-240, eff. 7-28-97.)

17        (750 ILCS 22/612)
18        Sec. 612.   Recognition  of  order  modified  in  another
19    state.  If a child-support order issued by a tribunal of this
20    State  is  modified  shall  recognize  a  modification of its
21    earlier child-support order by a tribunal  of  another  state
22    which assumed jurisdiction pursuant to the Uniform Interstate
23    Family   Support   Act,  a  tribunal  of  this  State  a  law
24    substantially similar to this Act and, upon  request,  except
25    as otherwise provided in this Act, shall:
26        (1)  may  enforce its the order that was modified only as
27    to  arrears  and  interest  amounts   accruing   before   the
28    modification;
29        (2)  enforce only nonmodifiable aspects of that order;
30        (2) (3)  provide   other   appropriate  relief  only  for
31    violations of  its  that  order  which  occurred  before  the
32    effective date of the  modification; and
33        (3) (4)  recognize  the  modifying  order  of  the  other
 
                            -40-     LRB093 02284 DRJ 15404 a
 1    state, upon registration, for the purpose of enforcement.
 2    (Source: P.A. 90-240, eff. 7-28-97.)

 3        (750 ILCS 22/615 new)
 4        Sec.  615.  Jurisdiction to modify child-support order of
 5    foreign country or political subdivision.
 6        (a)  If a foreign country or political  subdivision  that
 7    otherwise meets the requirements for inclusion under this Act
 8    as  set  forth  in  subpart  (B) of the definition of "State"
 9    contained in Section 102 will not or may not modify its order
10    pursuant to its laws, a tribunal of  this  State  may  assume
11    jurisdiction  to  modify the child-support order and bind all
12    individuals subject  to  the  personal  jurisdiction  of  the
13    tribunal  whether  or  not  the  consent to modification of a
14    child-support order  otherwise  required  of  the  individual
15    pursuant  to  Section  611  has  been  given  or  whether the
16    individual seeking modification is a resident of  this  State
17    or of the foreign country or political subdivision.
18        (b)  An  order  issued  pursuant  to  this Section is the
19    controlling order.

20        (750 ILCS 22/701)
21        Sec. 701.   Proceeding  to  determine  parentage.  (a)  A
22    tribunal of this State authorized to determine parentage of a
23    child  may serve as a an initiating or responding tribunal in
24    a proceeding to determine parentage brought under this Act or
25    a law substantially similar to this Act,  to  determine  that
26    the obligee is a parent of a particular child or to determine
27    that an obligor is a parent of that child.
28        (b)  In a proceeding to determine parentage, a responding
29    tribunal of this State shall apply the Illinois Parentage Act
30    of 1984, and the rules of this State on choice of law.
31    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32    by P.A. 88-691.)
 
                            -41-     LRB093 02284 DRJ 15404 a
 1        (750 ILCS 22/801)
 2        Sec. 801.  Grounds for rendition.
 3        (a)  For purposes of this Article, "governor" includes an
 4    individual  performing  the  functions  of  governor  or  the
 5    executive authority of a state covered by this Act.
 6        (b)  The governor of this State may:
 7             (1)  demand  that  the  governor  of  another  state
 8        surrender  an  individual found in the other state who is
 9        charged criminally in this State with  having  failed  to
10        provide for the support of an obligee; or
11             (2)  on  the  demand  of  by the governor of another
12        state, surrender an individual found in this State who is
13        charged criminally in the other state with having  failed
14        to provide for the support of an obligee.
15        (c)  A  provision  for  extradition  of  individuals  not
16    inconsistent  with this Act applies to the demand even if the
17    individual  whose  surrender  is  demanded  was  not  in  the
18    demanding state when the crime was  allegedly  committed  and
19    has not fled therefrom.
20    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
21    by P.A. 88-691.)

22        (750 ILCS 22/802)
23        Sec. 802.  Conditions of rendition.
24        (a)  Before  making  demand  that the governor of another
25    state surrender an  individual  charged  criminally  in  this
26    State  with  having  failed  to provide for the support of an
27    obligee, the Governor of this State may require a  prosecutor
28    of this State to demonstrate that at least 60 days previously
29    the  obligee  had  initiated proceedings for support pursuant
30    to this Act or that the proceeding would be of no avail.
31        (b)  If, under this Act or a law substantially similar to
32    this Act, the Uniform Reciprocal Enforcement of Support  Act,
33    or the Revised Uniform Reciprocal Enforcement of Support Act,
 
                            -42-     LRB093 02284 DRJ 15404 a
 1    the  Governor  of  another  state  makes  a  demand  that the
 2    governor  of  this  State  surrender  an  individual  charged
 3    criminally in that state with having failed  to  provide  for
 4    the  support of a child or other individual to whom a duty of
 5    support is owed, the governor may  require  a  prosecutor  to
 6    investigate  the  demand  and report whether a proceeding for
 7    support has been initiated  or  would  be  effective.  If  it
 8    appears that a proceeding would be effective but has not been
 9    initiated,  the  governor may delay honoring the demand for a
10    reasonable time to permit the initiation of a proceeding.
11        (c)  If a proceeding for support has been  initiated  and
12    the  individual  whose  rendition  is  demanded prevails, the
13    governor may decline to honor the  demand.   If  the  obligee
14    prevails  and  the  individual whose rendition is demanded is
15    subject to a support order, the governor may decline to honor
16    the demand if the individual is complying  with  the  support
17    order.
18    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
19    by P.A. 88-691.)

20        (750 ILCS 22/901)
21        Sec.  901.   Uniformity  of application and construction.
22    In applying and construing  this  Uniform  Act  consideration
23    must  be  given to the need to promote uniformity of This Act
24    shall be applied and  construed  to  effectuate  its  general
25    purpose  to  make  uniform  the  law  with respect to its the
26    subject of this Act matter among states that  enact  enacting
27    it.
28    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
29    by P.A. 88-691.)

30        (750 ILCS 22/902) (was 750 ILCS 22/903)
31        Sec.  902.  903. Severability clause. If any provision of
32    this Act or its application to any person or circumstance  is
 
                            -43-     LRB093 02284 DRJ 15404 a
 1    held invalid, the invalidity does not affect other provisions
 2    or applications of this Act which can be given effect without
 3    the  invalid  provision  or  application, and to this end the
 4    provisions of this Act are severable.
 5    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 6    by P.A. 88-691.)

 7        (750 ILCS 22/903) (was 750 ILCS 22/904)
 8        Sec.  903.  904.  Effective  date.  (See  Sec.  999   for
 9    effective date.)
10    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
11    by P.A. 88-691.)

12        (750 ILCS 22/904) (was 750 ILCS 22/905)
13        Sec.  904.  905.  Repeal.  The Revised Uniform Reciprocal
14    Enforcement of Support Act is repealed on the effective  date
15    of  this amendatory Act of 1997. An action that was commenced
16    under the Revised Uniform Reciprocal Enforcement  of  Support
17    Act  and  is pending on the effective date of this amendatory
18    Act of 1997 shall be decided in accordance with that  Act  as
19    it  existed  immediately before its repeal by this amendatory
20    Act of 1997.
21    (Source: P.A. 90-240, eff. 7-28-97.)

22        (750 ILCS 22/902 rep.)
23        Section 10. The Uniform Interstate Family Support Act  is
24    amended by repealing Section 902.

25        Section   99.  Operative  date.  This  Act  shall  become
26    operative upon at least one of the following 2 events  taking
27    place,  whichever occurs first, but in no event prior to July
28    1, 2004:
29             (1)  The amendment by Congress of subdivision (f) of
30        42 U.S.C. Sec. 666 to statutorily require  or  authorize,
 
                            -44-     LRB093 02284 DRJ 15404 a
 1        in  connection  with  the  approval  of  state  plans for
 2        purposes of federal funding, the adoption of the  Uniform
 3        Interstate  Family  Support  Act  as  promulgated  by the
 4        National Conference of  Commissioners  on  Uniform  State
 5        Laws in 2001.
 6             (2)  The approval, either generally or with specific
 7        application  to  Illinois, by the federal office of Child
 8        Support Enforcement or by the  Secretary  of  Health  and
 9        Human Services, of a waiver, exemption, finding, or other
10        indicia  of regulatory approval of the Uniform Interstate
11        Family  Support  Act,  as  promulgated  by  the  National
12        Conference of Commissioners  on  Uniform  State  Laws  in
13        2001,  in connection with the approval of state plans for
14        purposes of federal funding.".