2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 22/ - Uniform Interstate Family Support Act. › Article 3 - Civil Provisions Of General Application

(750 ILCS 22/Art. 3 heading)
ARTICLE 3.  
		CIVIL PROVISIONS OF GENERAL APPLICATION
(750 ILCS 22/301)
Sec. 301. Proceedings under Act.
(a) Except as otherwise provided in this Act, this Article applies to all
proceedings under this Act.
(b) An individual petitioner or a support enforcement agency may initiate a
proceeding authorized under this Act by filing a petition in an initiating
tribunal for forwarding to  a responding tribunal or by filing a petition or a
comparable pleading directly in a tribunal of another state or a foreign country which has or can
obtain personal jurisdiction over the respondent.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/302)
Sec. 302. Proceeding by minor parent. A minor parent, or a guardian or other
legal representative of a minor parent, may maintain a proceeding on behalf of
or for the benefit of the minor's child.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/303)
Sec. 303. 
		Application of law of State. 
		Except as otherwise provided in
this Act, a responding tribunal of this State shall:
(1) apply the procedural and substantive law generally applicable to
similar proceedings originating in this State and may exercise all powers
and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance
with the law and support guidelines of this State.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04.)
(750 ILCS 22/304)
Sec. 304. Duties of initiating tribunal.
(a) Upon the filing of a petition authorized by this Act, an initiating
tribunal of this State shall forward the petition and its accompanying
documents:
(1) to the responding tribunal or appropriate support     enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is     unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this State
shall issue a certificate or other document and make findings required by the
law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of
support sought, convert that amount into the equivalent amount in the foreign
currency under applicable official or market exchange rate as publicly
reported, and provide any other documents necessary to satisfy the requirements
of the responding foreign tribunal.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/305)
Sec. 305. Duties and powers of responding tribunal.
(a) When a responding tribunal of this State receives a petition or
comparable pleading from an initiating tribunal or directly pursuant to
Section 301(b), it shall cause the petition or pleading to be filed and
notify the petitioner where and when it was filed.
(b) A responding tribunal of this State, to the extent not prohibited by
other law, may do one or more of the following:
(1) establish or enforce a support order, modify a     child-support order, determine the controlling child-support order, or determine parentage of a child;
(2) order an obligor to comply with a support order,     specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and     specify a method of payment;
(5) enforce orders by civil or criminal contempt, or     both;
(6) set aside property for satisfaction of the     support  order;
(7) place liens and order execution on the obligor's     property;
(8) order an obligor to keep the tribunal informed of     the obligor's current residential address, electronic-mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) issue a bench warrant for an obligor who has     failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment     by specified methods;
(11) award reasonable attorney's fees and other fees     and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this State shall include in a support order
issued under this Act, or in the documents accompanying the order, the
calculations on which the support order is based.
(d) A responding tribunal of this State may not condition the payment of a
support order issued under this Act upon compliance by a party with provisions
for visitation.
(e) If a responding tribunal of this State issues an order under this
Act, the tribunal shall send a copy of the order to the petitioner
 and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or
modify a support order stated in a foreign currency, a responding tribunal of
this State shall convert the amount stated in the foreign currency to the
equivalent amount in dollars under the applicable official or market exchange
rate as publicly reported.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/306)
Sec. 306. Inappropriate tribunal. If a petition or comparable pleading
is received by an inappropriate tribunal of this State, the tribunal shall
forward the pleading and accompanying  documents to an appropriate tribunal of 
this State or another state and notify the petitioner where and when the pleading
was sent.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/307)
Sec. 307. Duties of support enforcement agency.
(a) In a proceeding under this Act, a support enforcement agency of this State, upon request:
(1) shall provide services to a petitioner residing     in a state;
(2) shall provide services to a petitioner requesting     services through a central authority of a foreign country as described  in Section 102(5)(A) or (D); and
(3) may provide services to a petitioner who is an     individual not residing in a state.
This subsection does not affect any ability the support enforcement agency may
have to require an application for services, charge fees, or recover costs in
accordance with federal or State law and regulations.
(b) A support enforcement agency of this State that is providing services to the
petitioner shall:
(1) take all steps necessary to enable an appropriate     tribunal of  this State, another state, or a foreign country to obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date,     time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant     information, including information as to income and property of the parties;
(4) within five days, exclusive of Saturdays,     Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) within five days, exclusive of Saturdays,     Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the     respondent cannot be obtained.
(c) A support enforcement agency of this State that requests registration
of a child-support order in this State for enforcement or for modification
shall make reasonable efforts:
(1) to ensure that the order to be registered is the     controlling order; or
(2) if two or more child-support orders exist and the     identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this State that requests registration
and enforcement of a support order, arrears, or judgment stated in a foreign
currency shall convert the amounts stated in the foreign currency into the
equivalent amounts in dollars under the applicable official or market exchange
rate as publicly reported.
(e) A support enforcement agency of this State shall issue or request a
tribunal of this State to issue a child-support order and an income-withholding
order that redirect payment of current support, arrears, and interest if
requested to do so by a support enforcement agency of another state pursuant to
Section 319.
(f) This Act does not create or negate a relationship of
attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the individual being
assisted by the agency.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/308)
Sec. 308. Duty of Attorney General.
(a) If the Attorney General determines
that the support enforcement agency is neglecting or refusing to provide
services to an individual, the Attorney General may order the agency to perform
its duties under this Act or may provide those services directly to the
individual.
(b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/309)
Sec. 309. 
		Private counsel. 
		An individual may employ private counsel to
represent the individual in proceedings authorized by this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 by P.A.
88-691.)
(750 ILCS 22/310)
Sec. 310. Duties of the Illinois Department of Healthcare and Family Services.
(a) The Illinois Department of Healthcare and Family Services is the state information agency
under this Act.
(b) The state information agency shall:
(1) compile and maintain a current list, including     addresses, of the tribunals in this State which have jurisdiction under this Act and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state;
(2) maintain a register of names and addresses of     tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county     in this State in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this Act received from another state or a foreign country; and
(4) obtain information concerning the location of the     obligor and the obligor's property within this State not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/311)
Sec. 311. Pleadings and accompanying documents.
(a) In a proceeding under this Act, a petitioner seeking to establish a
support order, to determine parentage of a child, or to register and modify a support order
of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section
312, the petition or accompanying documents
must provide, so far as known, the name, residential address, and social
security numbers of the obligor and the obligee or the parent and
alleged parent, and the name,
sex, residential address, social security number, and date of
birth of each child for whose benefit support is sought or whose
parentage is to be determined.  Unless filed at the time of registration,
the petition must be
accompanied by a copy of any support order known to have been
issued by another tribunal.  The
petition may include any other information that may assist in locating or
identifying the respondent.
(b) The petition must specify the relief sought.  The
petition and accompanying documents must conform substantially with the
requirements imposed by the forms mandated by federal law for
use in cases filed by a support enforcement agency.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/312)
Sec. 312. Nondisclosure of information in exceptional circumstances. If a
party alleges in an affidavit or a pleading under oath that the health, safety,
or liberty of a party or child would be jeopardized by disclosure of specific
identifying information, that information must be sealed and may not be
disclosed to the other party or the public. After a hearing in which a tribunal
takes into consideration the health, safety, or liberty of the party or child,
the tribunal may order disclosure of information that the tribunal determines
to be in the interest of justice.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/313)
Sec. 313. Costs and fees.
(a) The petitioner may not be required to pay a filing fee
or other costs.
(b) If an obligee prevails, a responding tribunal of this State may
assess against an obligor
 filing fees, reasonable attorney's fees, other
costs, and necessary
travel and other reasonable expenses incurred by the obligee 
and the obligee's
 witnesses.  The tribunal may not assess fees,
costs,
or expenses against the obligee or the support enforcement
agency of either
the initiating or responding state or foreign country, except as provided by other
law.  Attorney's fees may be taxed as costs, and may be ordered paid
directly to the attorney, who may enforce the order in the attorney's
own name.  Payment of support owed to the obligee has
priority over fees,
costs, and expenses.
(c) The tribunal shall order the payment of costs and
reasonable attorney's fees if it determines that a hearing was requested
primarily for delay.  In a proceeding under Article 6,
a hearing is presumed to have been requested primarily for delay if a
registered support order is confirmed or enforced without change.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/314)
Sec. 314. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding under this Act before a
responding tribunal, whether in person, by private attorney, or through
services provided by the support enforcement agency, does not confer personal
jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while
physically present in this State to participate in a proceeding under
this Act.
(c) The immunity granted by this Section does not extend
to civil litigation based on acts unrelated to a proceeding under this
Act committed by a party while physically present in this State to participate
in the proceeding.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/315)
Sec. 315. 
		Nonparentage as defense. 
		A party whose parentage of a child has
been previously determined by or pursuant to law may not plead nonparentage as
a defense to a proceeding under this Act.
(Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 by P.A.
88-691.)
(750 ILCS 22/316)
Sec. 316. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is an individual in
a tribunal of this State is not required for the establishment, enforcement,
or modification of a support order or the rendition of a judgment determining
parentage of a child.
(b) An affidavit, a document substantially complying with federally
mandated forms, or a  document incorporated by reference in any of them,
which would not be excluded under the hearsay rule if given in person, is
admissible in evidence if given under penalty of perjury by a party or witness
residing outside this State.
(c) A copy of the record of child-support payments
certified as a true copy of the original by the custodian of the record may be
forwarded to a responding tribunal.  The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and
postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the charges were
reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this State 
to a tribunal of this State by telephone, telecopier, or other electronic means
that do not provide an original record may not be excluded from
evidence on an objection based on the means of transmission.
(f) In a proceeding under this Act, a tribunal of this State shall permit
a party or witness residing outside this State to be deposed or to testify under penalty of perjury by
telephone, audiovisual means, or other electronic means at a designated
tribunal or other location.  A tribunal of this State shall
cooperate with other tribunals in designating an appropriate
location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses
to answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this Act.
(i) The defense of immunity based on the relationship of
husband and wife or parent and child does not apply in a proceeding
under this Act.
(j) A voluntary acknowledgment of paternity, certified as a true copy,
is admissible to establish parentage of the child.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/317)
Sec. 317. Communications between tribunals. A tribunal of this State may
communicate with a tribunal outside this State in a record or by telephone, electronic mail, or other means, to obtain information
concerning the laws, the legal effect of a judgment, decree, or order of that
tribunal, and the status of a proceeding.  A tribunal of this State may furnish similar
information by similar means to a tribunal outside this State.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/318)
Sec. 318. Assistance with discovery. A tribunal of this State may:
(1) request a tribunal outside this State to assist     in obtaining discovery; and
(2) upon request, compel a person over which it has     jurisdiction to respond to a discovery order issued by a tribunal outside this State.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/319)
Sec. 319. Receipt and disbursement of payments.
(a) A support enforcement agency
or tribunal of this State shall disburse promptly any amounts received pursuant
to a support order, as directed by the order.  The agency or tribunal shall
furnish to a requesting party or tribunal of another state or a foreign country a certified
statement by the custodian of the record of the amounts and dates of all
payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the
child resides in this State, upon request from the support enforcement agency
of this State or another state, the support enforcement agency of this State
or a tribunal of this State shall:
(1) direct that the support payment be made to the     support enforcement agency in the state in which the obligee is receiving services; and
(2) issue and send to the obligor's employer a     conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this State receiving redirected
payments from another state pursuant to a law similar to subsection (b) shall
furnish to a requesting party or tribunal of the other state a certified
statement by the custodian of the record of the amount and dates of all
payments received.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/320)
Sec. 320. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those terms as
defined in the Income Withholding for Support Act,
except that "order for
support" means an order entered by any tribunal of this State but shall not
mean orders providing for spousal maintenance under which
there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the contrary, each
order
for
support entered or modified on or after October 1, 1999 shall require that
support
payments be made to the State Disbursement Unit established under Section 10-26
of the
Illinois Public Aid Code if:
(1) a party to the order is receiving child support     enforcement services under Article X of the Illinois Public Aid Code; or
(2) no party to the order is receiving child support     enforcement services, but the support payments are made through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before October     1, 1999, and a party to the order is receiving child support enforcement services under Article X of the Illinois Public Aid Code; or
(2) no party to the order is receiving child support     enforcement services, and the support payments are being made through income withholding.
(c-5) If no party to the order is receiving child support
enforcement services under Article X of the Illinois Public Aid Code, and
the support
payments are not made through income withholding, then support payments shall
be made as directed by the order for support.
(c-10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State     Disbursement Unit if:
(A) a party to the order for support is receiving         child support enforcement services under Article X of the Illinois Public Aid Code; or
(B) no party to the order for support is         receiving child support enforcement services under Article X of the Illinois Public Aid Code, but the support payments are made through income withholding; or
(2) to make support payments to the State     Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.
The Department of Healthcare and Family Services
						
						shall provide a copy of the notice to the
obligee
and to the clerk of the circuit court.
(c-15) Within 15 days after the effective date of this amendatory Act of the
91st General
Assembly, the clerk of the circuit court shall provide written notice to the
obligor to
make payments
directly to the clerk of the circuit court if no party to the order is
receiving child
support enforcement services under Article X of the Illinois Public Aid
Code, the support
payments are not made through income withholding, and the order for
support requires support payments to be made directly to the clerk of the
circuit court.  The clerk shall provide a copy of the notice to the
obligee.
(c-20) If the State Disbursement Unit receives a support payment that was
not
appropriately
made to the Unit under this Section, the Unit shall immediately return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c-10) and
(c-15) may be sent by ordinary mail,
certified mail, return receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or payor using any method
provided by law for service of a summons.
(Source: P.A. 95-331, eff. 8-21-07.)