2023 Illinois Compiled Statutes › Chapter 750 - FAMILIES › 750 ILCS 22/ - Uniform Interstate Family Support Act. › Article 2 - Jurisdiction

(750 ILCS 22/Art. 2 heading)
ARTICLE 2.  
		JURISDICTION
(750 ILCS 22/201)
Sec. 201. Bases for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order or to determine
parentage of a child, a tribunal of this State may exercise personal jurisdiction over a
nonresident individual or the individual's guardian or conservator if:
(1) the individual is personally served with notice     within this State;
(2) the individual submits to the jurisdiction of     this State by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in this     State;
(4) the individual resided in this State and provided     prenatal expenses or support for the child;
(5) the child resides in this State as a result of     the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in     this State and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in     the putative father registry maintained in this State by the Illinois Department of Children and Family Services; or
(8) there is any other basis consistent with the     constitutions of this State and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in
any other law of this State may not be used to acquire personal jurisdiction
for a tribunal of this State to modify a child-support order of another state
unless the requirements of Section 611 are met, or, in the case of a foreign support order, unless the requirements of Section 615 are met.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/202)
Sec. 202. Duration of personal jurisdiction.  Personal jurisdiction
acquired by a tribunal of this State in a proceeding under this Act or other
law of this State relating to a support order continues as long as a tribunal
of this State has continuing, exclusive jurisdiction to modify its order or
continuing jurisdiction to enforce its order as provided by Sections 205, 206,
and 211.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04.)
(750 ILCS 22/203)
Sec. 203. Initiating and responding tribunal of State. Under this Act, a
tribunal of this State may
serve as an
initiating tribunal to forward proceedings to a tribunal of another state and
as a
responding tribunal for proceedings initiated in another state or a foreign country.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/204)
Sec. 204. Simultaneous proceedings.
(a) A tribunal of this State may exercise jurisdiction to establish a
support order if the petition or comparable pleading is filed after a pleading
is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in this State     is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the     exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this State is the home state of the     child.
(b) A tribunal of this State may not exercise jurisdiction to establish a
support order if the petition or comparable pleading is filed before a petition or comparable pleading
is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other     state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;
(2) the contesting party timely challenges the     exercise of jurisdiction in this State; and
(3) if relevant, the other state or foreign country     is the home state of the child.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/205)
Sec. 205. 
Continuing, exclusive jurisdiction to modify child-support
order.
(a) A tribunal of this State that has issued a child-support order
consistent with the law
of this State has and shall exercise continuing, exclusive jurisdiction
to modify its child-support
order if the order is the controlling order and:
(1) at the time of the filing of a request for     modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) even if this State is not the residence of the     obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this State that has issued a child-support
order consistent
with the law of this State may not exercise continuing exclusive
jurisdiction to
modify the order if:
(1) all of the parties who are individuals file     consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a
child-support
order pursuant to the Uniform Interstate Family Support Act or a law
substantially similar to that Act which modifies a child-support
order of a tribunal of this State, tribunals of this State shall recognize the
continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this State that lacks continuing, exclusive jurisdiction
to modify a child-support order may serve as an initiating tribunal to request
a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution
of a jurisdictional conflict does not create continuing, exclusive jurisdiction
in the issuing tribunal.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/206)
Sec. 206. Continuing jurisdiction to enforce child-support order.
(a) A tribunal of this State that has issued a child-support order
consistent with the law of this State may serve as an initiating tribunal to
request a tribunal of another state to enforce:
(1) the order if the order is the controlling order     and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and     interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this State having continuing jurisdiction
over a support order may act as a responding tribunal to
enforce the order.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/207)
Sec. 207. Determination of controlling child-support order.
(a) If a proceeding is brought under this Act and only one tribunal has
issued a child-support order, the order of that tribunal controls and must be
 recognized.
(b) If a proceeding is brought under this Act, and two or more child-support
orders have been issued by tribunals of this State, another state, or a foreign country with regard
to the same obligor and same child, a tribunal of this State having personal
jurisdiction over both the obligor and individual obligee shall apply the
following rules and by order shall determine which order controls and must be recognized:
(1) If only one of  the tribunals would have     continuing, exclusive jurisdiction under this Act, the order of that tribunal controls.
(2) If more than one of the tribunals would have     continuing, exclusive jurisdiction under this Act:
(A) an order issued by a tribunal in the current         home state of the child controls; or
(B) if an order has not been issued in the         current home state of the child, the order most recently issued controls.
(3) If none of the tribunals would have continuing,     exclusive jurisdiction under this Act, the tribunal of this State shall issue a child-support order, which controls.
(c) If two or more child-support orders have been issued for the same
obligor and same child, upon request of a party who is an individual or that is a
support enforcement agency, a tribunal of this State having personal
jurisdiction over both the obligor and the obligee who is an individual shall
determine which order controls under subsection (b).
The request may be filed with a registration for enforcement or registration
for modification pursuant to Article 6, or may be filed as a separate
proceeding.
(d) A request to determine which is the controlling order must be
accompanied by a copy of every child-support order in effect and the applicable
record of payments.  The requesting party shall give notice of the request to
each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under subsection (a),
(b), or (c) has continuing jurisdiction to the extent provided in Section 205
or 206.
(f) A tribunal of this State that determines by order which is
the controlling order under subsection (b)(1) or (2) or (c), or that issues a
new controlling order under subsection (b)(3), shall state in that order:
(1) the basis upon which the tribunal made its     determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and     accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 209.
(g) Within 30 days after issuance of an order determining which is the
controlling order, the party obtaining the order shall file a certified copy
of it in each tribunal that issued or registered an earlier order of child
support. A party or support enforcement agency obtaining the order that 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 controlling order.
(h) An order that has been determined to be the controlling order, or a
judgment for consolidated arrears of support and interest, if any, made
pursuant to this Section must be recognized in proceedings under this Act.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/208)
Sec. 208. Child-support orders for two or more obligees. In
responding to registrations or petitions for enforcement of two or
more child-support orders in effect at the same time with regard to the same
obligor and different individual obligees, at least one of which was issued by
a tribunal of another state or a foreign country, a tribunal of this State shall enforce those
orders in the same manner as if the orders had been issued by a
tribunal of this State.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/209)
Sec. 209. Credit for payments. A tribunal of this State shall credit amounts
collected for a particular period pursuant to any child-support order against
the amounts owed for the same period under any other child-support order for
support of the same child issued by a tribunal of this State, another state, or a foreign country.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/210)
Sec. 210. Application of Act to nonresident subject to personal
jurisdiction.  A tribunal of this State exercising personal jurisdiction over a
nonresident in a proceeding under this Act, under other law of this State
relating to a support order, or recognizing a foreign support order may receive evidence
from outside this State pursuant to Section 316, communicate with a tribunal outside this State pursuant to Section 317, and obtain discovery through a tribunal outside this State
 pursuant to Section 318. In all other respects, Articles 3
through 6 do not apply, and the tribunal shall apply the procedural and
substantive law of this State.
(Source: P.A. 99-119, eff. 1-1-16.)
(750 ILCS 22/211)
Sec. 211. Continuing, exclusive jurisdiction to modify spousal-support
order.
(a) A tribunal of this State issuing a spousal-support order consistent with
the law of this State has continuing, exclusive jurisdiction to modify the
spousal-support order throughout the existence of the support obligation.
(b) A tribunal of this State may not modify a spousal-support order issued
by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over
that order under the law of that state or foreign country.
(c) A tribunal of this State that has continuing, exclusive jurisdiction
over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of     another state to enforce the spousal-support order issued in this State; or
(2) a responding tribunal to enforce or modify its     own spousal-support order.
(Source: P.A. 99-119, eff. 1-1-16.)