2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 22/ - Uniform Interstate Family Support Act. › Article 1 - General Provisions

(750 ILCS 22/Art. 1 heading)
ARTICLE 1.  
		GENERAL PROVISIONS
(750 ILCS 22/100)
				 (now 750 ILCS 22/101)
Sec. 100. 
		(Renumbered).
(Source: Renumbered by P.A. 93-479, eff. 1-1-04, operative 7-1-04.)
(750 ILCS 22/101) (was 750 ILCS 22/100)
Sec. 101. 
		Short title. 
		This Act may be cited as the Uniform
Interstate Family Support Act.
(Source: P.A. 93-479, eff. 1-1-04,
operative 7-1-04.)
(750 ILCS 22/102) (was 750 ILCS 22/101)
Sec. 102. Definitions. In this Act:
(1) "Child" means an individual, whether over or under the
age of majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of a
support order directed to the parent.
(2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state or foreign country.
(3) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable
by law to provide support for a child, spouse, or former
spouse including an unsatisfied obligation to provide support.
(5) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(A) which has been declared under the law of the     United States to be a foreign reciprocating country;
(B) which has established a reciprocal arrangement     for child support with this State as provided in Section 308;
(C) which has enacted a law or established procedures     for the issuance and enforcement of support orders which are substantially similar to the procedures under this  Act; or
(D) in which the Convention is in force with respect     to the United States.
(6) "Foreign support order" means a support order of a foreign tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.
(8) "Home state" means the state or foreign country in which a child lived with a
parent or a person acting as parent for at least 6 consecutive months
immediately preceding the time of filing of a petition or comparable
pleading for support, and if a child is less than 6 months old, the state or foreign country
in which the child lived from birth with any of them.  A period of
temporary absence of any of them is counted as part of the 6-month or
other period.
(9) "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding for
support under the law of this State.
(10) "Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as
defined by the Income Withholding for Support Act, to
withhold support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is
forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a
support order or a judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support
order or a judgment determining parentage of a child.
(15) "Law" includes decisional and statutory law and rules and regulations having the force of law.
(16) "Obligee" means:
(A) an individual to whom a duty of support is or is     alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(B) a foreign country, state, or political     subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
(C) an individual seeking a judgment determining     parentage of the individual's child; or
(D) a person that is a creditor in a proceeding under     Article 7.
(17) "Obligor" means an individual, or the estate of a decedent that:
(A) owes or is alleged to owe a duty of support;
(B) is alleged but has not been adjudicated to be a     parent of a child;
(C) is liable under a support order; or
(D) is a debtor in a proceeding under Article 7.
(18) "Outside this State" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
(19) "Person" means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
(20) "Record" means information that is inscribed on a tangible medium or that
is stored in an electronic or other medium and is retrievable in perceivable
form.
(21) "Register" means to record or file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a support
order or judgment determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to
which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.
(25) "Spousal-support order" means a support order for a spouse
or former spouse of the obligor.
(26) "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession under
 the jurisdiction of the United States.  The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official, governmental entity, or private
agency authorized to:
(A) seek enforcement of support orders or laws     relating to the duty of support;
(B) seek establishment or modification of child     support;
(C) request determination of parentage of a child;
(D) attempt to locate obligors or their assets; or
(E) request determination of the controlling     child-support order.
(28) "Support order" means a judgment, decree, order, decision, or directive, whether
temporary, final, or subject to modification, issued in a state or foreign country for the
benefit of a child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related
costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other
relief.
(29) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage of a child.
(Source: P.A. 99-78, eff. 7-20-15; 99-85, eff. 1-1-16; 99-119, eff. 1-1-16; 99-642, eff. 7-28-16.)
(750 ILCS 22/103) (was 750 ILCS 22/102)
Sec. 103. State tribunal and support enforcement agency.
(a) The circuit court is a tribunal of this
State.  The Department of Healthcare and Family Services is an initiating tribunal.  The
 Department of Healthcare and Family Services is also a responding tribunal of this State
to the extent that it can administratively establish paternity and establish,
modify, and enforce an administrative child-support order under authority of
Article X of the Illinois Public Aid Code.
(b) The Illinois Department of Healthcare and Family Services is the support enforcement agency of this State.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/104) (was 750 ILCS 22/103)
Sec. 104. Remedies cumulative.
(a) Remedies provided by this Act are cumulative and do not affect the
availability of remedies under other law, or the recognition of a foreign
support order on the basis of
comity.
(b) This Act does not:
(1) provide the exclusive method of establishing or     enforcing a support order under the law of this State; or
(2) grant a tribunal of this State jurisdiction to     render judgment or issue an order relating to child custody or visitation in a proceeding under this Act.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/105)
Sec. 105. Application of Act to resident of foreign country and foreign support proceeding.
(a) A tribunal of this State shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving:
(1) a foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a     foreign country.
(b) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 6.
(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls.
(Source: P.A. 99-119, eff. 1-1-16.)