Public Act 097-0926
 
HB4129 EnrolledLRB097 14478 KTG 61935 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Public Aid Code is amended  by 
adding Section 10-15.1 as follows:
 
    (305 ILCS 5/10-15.1 new)
    Sec. 10-15.1. Judicial registration of administrative

support orders.
    (a) A final administrative support order established by the

Illinois Department under this Article X may be registered in

the appropriate circuit court of this State by the Department

or by a party to the order by filing:
        (1) Two copies, including one certified copy of the

    order to be registered, any modification of the 
    administrative
support order, any voluntary acknowledgment 
    of paternity
pertaining to the child covered by the order, 
    and the documents
showing service of the notice of support 
    obligation that commenced
the procedure for establishment 
    of the administrative support
order pursuant to Section 
    10-4 of this Code.
        (2) A sworn statement by the person requesting

    registration or a certified copy of the Department payment

    record showing the amount of any past due support accrued

    under the administrative support order. 
        (3) The name of the obligor and, if known, the

    obligor's address and social security number.
        (4) The name of the obligee and the obligee's address,

    unless the obligee alleges in an affidavit or pleading

    under oath that the health, safety, or liberty of the

    obligee or child would be jeopardized by disclosure of

    specific identifying information, in which case that

    information must be sealed and may not be disclosed to the

    other party or public. After a hearing in which the court

    takes into consideration the health, safety, or liberty of

    the party or child, the court may order disclosure of

    information that the court determines to be in the interest

    of justice. 
    (b) The filing of an administrative support order under

subsection (a) constitutes registration with the circuit

court. 
    (c) A petition or comparable pleading seeking a remedy that

must be affirmatively sought under other law of this State may

be filed at the same time as the request for registration or

later. The pleading must specify the grounds for the remedy

sought.
    (d) When an administrative support order is registered, the 
clerk of the circuit court shall notify the nonregistering 
party and the Illinois
Department, unless the Department is 
requesting registration
of its order. The notice, which shall 
be served on the
nonregistering party by any method provided by 
law for service
of a summons, must be accompanied by a copy of 
the
registered administrative support order and the documents 
and
relevant information accompanying the order.
    (e) A notice of registration of an administrative support

order must provide the following information:
        (1) That a registered administrative order is

    enforceable in the same manner as an order for support

    issued by the circuit court.
        (2) That a hearing to contest enforcement of the

    registered administrative support order must be requested

    within 30 days after the date of service of the notice. 
        (3) That failure to contest, in a timely manner, the

    enforcement of the registered administrative
support order 
    shall result in confirmation of the order and
enforcement 
    of the order and the alleged arrearages and
precludes 
    further contest of that order with respect to any
matter 
    that could have been asserted.
        (4) The amount of any alleged arrearages.
    (f) A nonregistering party seeking to contest enforcement

of a registered administrative support order shall request
a 
hearing within 30 days after the date of service
of notice of 
the registration. The nonregistering party may
seek to vacate 
the registration, to assert any defense to an
allegation of 
noncompliance with the registered administrative
support 
order, or to contest the remedies being sought or the
amount of 
any alleged arrearages. 
    (g) If the nonregistering party fails to contest the

enforcement of the registered administrative
support order in a 
timely manner, the order shall be confirmed
by operation of 
law.
    (h) If a nonregistering party requests a hearing to contest

the enforcement of the registered administrative
support 
order, the circuit court shall schedule the matter for
hearing 
and give notice to the parties and the Illinois
Department of 
the date, time, and place of the hearing.
    (i) A party contesting the enforcement of a registered 
administrative support order or seeking to vacate
the 
registration has the burden of proving one or more of the

following defenses: 
        (1) The Illinois Department lacked personal

    jurisdiction over the contesting party. 
        (2) The administrative support order was obtained by

    fraud.
        (3) The administrative support order has been vacated,

    suspended, or modified by a later order.
        (4) The Illinois Department has stayed the

    administrative support order pending appeal. 
        (5) There is a defense under the law to the remedy 
    sought.
        (6) Full or partial payment has been made.
    (j) If a party presents evidence establishing a full or

partial payment defense under subsection (i), the court may

stay enforcement of the registered order, continue the

proceeding to permit production of additional relevant

evidence, and issue other appropriate orders. An uncontested

portion of the registered administrative support order may be

enforced by all remedies available under State law. 
    (k) If a contesting party does not establish a defense

under subsection (i) to the enforcement of the
administrative 
support order, the court shall issue an order
confirming the 
administrative support order. Confirmation of
the registered 
administrative support order, whether by operation of law or 
after notice and hearing, precludes further
contest of the 
order with respect to any matter that could have
been asserted 
at the time of registration. Upon confirmation,
the registered 
administrative support order shall be treated in
the same 
manner as a support order entered by the circuit court,

including the ability of the court to entertain a petition to

modify the administrative support order due to a substantial

change in circumstances, or petitions for visitation or custody

of the child or children covered by the administrative support

order. Nothing in this Section shall be construed to alter the

effect of a final administrative support order, or the 
restriction
of judicial review of such a final order to the 
provisions of the
Administrative Review Law, as provided in 
Section 10-11 of this Code. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.