Article 6 - Registration, Enforcement, and Modification of Support Order - Illinois Statutes

 
    (750 ILCS 22/Art. 6 heading)ARTICLE 6. REGISTRATION, ENFORCEMENT, ANDMODIFICATION OF SUPPORT ORDER (Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

 
    (750 ILCS 22/Art. 6 Pt. 1 heading) PART 1 REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER (Source: P.A. 88‑550.)

    (750 ILCS 22/601)
    Sec. 601. Registration of order for enforcement. A support order or income‑withholding order issued by a tribunal of another state may be registered in this State for enforcement.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

    (750 ILCS 22/602)
    Sec. 602. Procedure to register order for enforcement.
    (a) A support order or income‑withholding order of another state may be registered in this State by sending the following records and information to the appropriate tribunal in this State:
        (1) a letter of transmittal to the tribunal

requesting registration and enforcement;

(2) 2 copies, including one certified copy, of the

order to be registered, including any modification of the order;

(3) a sworn statement by the person requesting

registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:             (i) the obligor's address and social security

number;

(ii) the name and address of the obligor's

employer and any other source of income of the obligor; and

(iii) a description and the location of property

of the obligor in this State not exempt from execution; and

(5) except as otherwise provided in Section 312, the

name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.     (c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.     (d) If two or more orders are in effect, the person requesting registration shall:         (1) furnish to the tribunal a copy of every support

order asserted to be in effect in addition to the documents specified in this Section;

(2) specify the order alleged to be the controlling

order, if any; and

(3) specify the amount of consolidated arrears, if

any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. (Source: P.A. 92‑463, eff. 8‑22‑01; 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

(750 ILCS 22/603)     Sec. 603. Effect of registration for enforcement.     (a) A support order or income‑withholding order issued in another state is registered when the order is filed in the registering tribunal of this State.     (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.     (c) Except as otherwise provided in this Article, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. (Source: P.A. 88‑550, eff. date changed from 1‑1‑95 to 1‑1‑96 by P.A. 88‑691.)

    (750 ILCS 22/604)
    Sec. 604. Choice of law.
    (a) Except as otherwise provided in subsection (d), the law of the issuing state governs:
        (1) the nature, extent, amount, and duration of

current payments under a registered support order;

(2) the computation and payment of arrearages and

accrual of interest on the arrearages under the support order; and

(3) the existence and satisfaction of other

obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state, whichever is longer, applies.     (c) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state registered in this State.     (d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. (Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

      (750 ILCS 22/Art. 6 Pt. 2 heading)PART 2. 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. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
    (b) A notice must inform the nonregistering party:
        (1) that a registered order is enforceable as of the

date of registration in the same manner as an order issued by a tribunal of this State;

(2) that a hearing to contest the validity or

enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice;

(3) that failure to contest the validity or

enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

(4) of the amount of any alleged arrearages.     (c) If the registering party asserts that two or more orders are in effect, a notice must also:         (1) identify the two or more orders and the order

alleged by the registering person to be the controlling order and the consolidated arrears, if any;

(2) notify the nonregistering party of the right to

a determination of which is the controlling order;

(3) state that the procedures provided in subsection

(b) apply to the determination of which is the controlling order; and

(4) state that failure to contest the validity or

enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d) Upon registration of an income‑withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the Income Withholding for Support Act. (Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

(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 of the date, time, and place of the hearing. (Source: P.A. 90‑240, eff. 7‑28‑97.)

    (750 ILCS 22/607)
    Sec. 607. Contest of registration or enforcement.
    (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
        (1) the issuing tribunal lacked personal

jurisdiction over the contesting party;

(2) the order was obtained by fraud;         (3) the order has been vacated, suspended, or

modified by a later order;

(4) the issuing tribunal has stayed the order

pending appeal;

(5) there is a defense under the law of this State

to the remedy sought;

(6) full or partial payment has been made;         (7) the statute of limitation under Section 604

precludes enforcement of some or all of the alleged arrearages; or

(8) the alleged controlling order is not the

controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this State.     (c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. (Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

(750 ILCS 22/608)     Sec. 608. Confirmed order. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (Source: P.A. 88‑550, eff. date changed from 1‑1‑95 to 1‑1‑96 by P.A. 88‑691.)

      (750 ILCS 22/Art. 6 Pt. 3 heading)PART 3. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER

(750 ILCS 22/609)     Sec. 609. Procedure to register 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 order issued in another state shall register that order in this State in the same manner provided in Part 1 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. 90‑240, eff. 7‑28‑97.)

    (750 ILCS 22/610)
    Sec. 610. Effect of registration for modification. A tribunal of this State may enforce a child‑support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of Section 611, 613, or 615 have been met.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

    (750 ILCS 22/611)
    Sec. 611. Modification of Child‑Support Order of Another State.
    (a) If Section 613 does no apply, except as otherwise provided in Section 615, upon petition a tribunal of this State may modify a child‑support order issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:
        (1) the following requirements are met:
            (A) neither the child, nor the petitioner who is

an individual, nor the respondent resides in the issuing state;

(B) a petitioner who is a nonresident of this

State seeks modification; and

(C) the respondent is subject to the personal

jurisdiction of the tribunal of this State; or

(2) this State is the State of residence of the

child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child‑support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.     (c) Except as otherwise provided in Section 615, a tribunal of this State may not modify any aspect of a child‑support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child‑support orders for the same obligor and same child, the order that controls and must be so recognized under Section 207 establishes the aspects of the support order which are nonmodifiable.     (d) In a proceeding to modify a child‑support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.     (e) On issuance of an order by a tribunal of this State modifying a child‑support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction. (Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

    (750 ILCS 22/612)
    Sec. 612. Recognition of order modified in another state. If a child‑support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:
        (1) may enforce its order that was modified only as

to arrears and interest accruing before the modification;

(2) provide appropriate relief for violations of its

order which occurred before the effective date of the modification; and

(3) recognize the modifying order of the other

state, upon registration, for the purpose of enforcement.

(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

(750 ILCS 22/613)     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. (Source: P.A. 90‑240, eff. 7‑28‑97.)

(750 ILCS 22/614)     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. (Source: P.A. 90‑240, eff. 7‑28‑97.)

    (750 ILCS 22/615)
    Sec. 615. Jurisdiction to modify child‑support order of foreign country or political subdivision.
    (a) If a foreign country or political subdivision that otherwise meets the requirements for inclusion under this Act as set forth in subpart (B) of the definition of "State" contained in Section 102 will not or may not modify its order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child‑support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child‑support order otherwise required of the individual pursuant to Section 611 has been given or whether the individual seeking modification is a resident of this State or of the foreign country or political subdivision.
    (b) An order issued pursuant to this Section is the controlling order.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)