2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 22/ - Uniform Interstate Family Support Act. › Article 6 - Registration, Enforcement, and Modification of Support Order

(750 ILCS 22/Art. 6 heading)
ARTICLE 6.
REGISTRATION, ENFORCEMENT, AND
MODIFICATION 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 FOR ENFORCEMENT
OF SUPPORT ORDER
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/601)
Sec. 601. Registration of order for enforcement. A support order or
income-withholding order issued in another state or a foreign support order may be
registered in this State for enforcement.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/602)
Sec. 602. Procedure to register order for enforcement.
(a) Except as otherwise provided in Section 706, a support order or income-withholding order of another state or a foreign support order may be
registered in this State by sending the following records 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:
(A) the obligor's address and social security         number;
(B) the name and address of the obligor's         employer and any other source of income of the obligor; and
(C) 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 an order of a tribunal of another state or a foreign support order, 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. 99-119, eff. 1-1-16.)
(750 ILCS 22/603)
Sec. 603. Effect of registration for enforcement.
(a) A support order or income-withholding order issued in another
state or a foreign support order is registered when the order is filed in the registering
tribunal of this State.
(b) A registered support order issued in another state or a foreign country 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 Act, a
tribunal of this State shall recognize and enforce, but may not modify, a
registered support order if the issuing tribunal had jurisdiction.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/604)
Sec. 604. Choice of law.
(a) Except as otherwise provided in subsection (d), the law of the
issuing state or foreign country 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 or foreign country, 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 or a foreign country registered in this State.
(d) After a tribunal of this State 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 or foreign country issuing the
controlling order, including its law on interest on arrears, on current and
future support, and on consolidated arrears.
(Source: P.A. 99-119, eff. 1-1-16.)
(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 or a foreign support order is registered, the registering tribunal of this State 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 support 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 notice unless the registered order is under Section 707;
(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
(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 party 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 support enforcement agency or the registering tribunal shall notify the obligor's employer
pursuant to the Income Withholding for Support Act.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/606)
Sec. 606. Procedure to contest validity or
enforcement of registered support order.
(a) A nonregistering party seeking to contest the
validity or enforcement of a registered support order in this State shall request a
hearing within the time required by Section 605.  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 support 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 support 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. 99-119, eff. 1-1-16.)
(750 ILCS 22/607)
Sec. 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered support 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 a registered support order, continue the proceeding to permit production
of additional relevant evidence, and issue other appropriate
orders.  An uncontested portion of the registered support 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 a registered support order, the
registering tribunal shall issue an order confirming  the order.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/608)
Sec. 608. Confirmed order. Confirmation of a registered 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.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/Art. 6 Pt. 3 heading)
PART 3.  REGISTRATION AND MODIFICATION OF
CHILD-SUPPORT ORDER
OF ANOTHER STATE
(Source: P.A. 99-119, eff. 1-1-16.)
(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 Sections 601 through 608 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. 99-119, eff. 1-1-16.)
(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 support order may be modified only if the
requirements of Section 611 or 613 have been met.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/611)
Sec. 611. Modification of child-support order of another state.
(a) If Section 613 does not apply, 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 obligee who is an         individual, nor the obligor  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 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) 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 the 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.
(f) Notwithstanding subsections (a) through (e) and Section 201(b), a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:
(1) one party resides in another state; and
(2) the other party resides outside the United     States. (Source: P.A. 99-119, eff. 1-1-16.)
(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) may provide appropriate relief for violations of     its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other     state, upon registration, for the purpose of enforcement.
(Source: P.A. 99-119, eff. 1-1-16.)
(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/Art. 6 Pt. 4 heading)
PART 4.  REGISTRATION AND MODIFICATION
OF FOREIGN CHILD-SUPPORT ORDER
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/615)
Sec. 615. Jurisdiction to modify child-support order of foreign country.
(a) Except as otherwise provided in Section 711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support 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 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.
(b) An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this Section is the controlling order.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/616)
Sec. 616. Procedure to register child-support order of foreign country for modification.  A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this State under Sections 601 through 608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
(Source: P.A. 99-119, eff. 1-1-16.)