Bill Text: IL HB6259 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Parentage Act of 1984. Requires the court to vacate a child support order entered under the Act if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order and that the obligee maliciously misrepresented the paternity of the child to the obligor. Requires the obligor to file the motion to vacate the support order within 2 years after the discovery of evidence that he is not the biological father of the child. Permits the obligor to bring an action against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order, if the court vacates the support order. Provides that any judgment obtained in an action for restitution may not be enforced against the mother until after the child for whom the vacated support order was entered is 18 years old or is otherwise emancipated. Provides that any wage deduction or garnishment action taken to enforce a judgment for restitution against the true biological father shall stand behind any withholding order entered against the true biological father for the support of the child for whom the vacated support order had been entered. Provides that if the support order is vacated, the court shall also vacate the judgment or adjudication of paternity under which the support order was entered.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-17 - Tabled By Sponsor Rep. LaShawn K. Ford [HB6259 Detail]

Download: Illinois-2009-HB6259-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB6259 Introduced 2/11/2010, by Rep. LaShawn K. Ford SYNOPSIS AS INTRODUCED:
750 ILCS 45/29 new
Amends the Illinois Parentage Act of 1984. Requires the court to vacate a child support order entered under the Act if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order and that the obligee maliciously misrepresented the paternity of the child to the obligor. Requires the obligor to file the motion to vacate the support order within 2 years after the discovery of evidence that he is not the biological father of the child. Permits the obligor to bring an action against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order, if the court vacates the support order. Provides that any judgment obtained in an action for restitution may not be enforced against the mother until after the child for whom the vacated support order was entered is 18 years old or is otherwise emancipated. Provides that any wage deduction or garnishment action taken to enforce a judgment for restitution against the true biological father shall stand behind any withholding order entered against the true biological father for the support of the child for whom the vacated support order had been entered. Provides that if the support order is vacated, the court shall also vacate the judgment or adjudication of paternity under which the support order was entered.
LRB096 19471 AJO 34863 b
A BILL FOR
HB6259 LRB096 19471 AJO 34863 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Parentage Act of 1984 is amended by
adding Section 29 as follows:
(750 ILCS 45/29 new)
Sec. 29. Paternity fraud.
(a) Notwithstanding any provisions of this Act to the
contrary, the court shall vacate a support order entered
pursuant to this Act if the court finds, by clear and
convincing evidence, upon motion by the obligor that (1) the
obligor is not the biological father of the child who is the
subject of the support order, and (2) the obligee maliciously
misrepresented the paternity of the child to the obligor.
(b) The obligor shall file a motion to vacate the support
order within 2 years after the discovery of evidence that he is
not the biological father of the child.
(c) If the support order is vacated, the obligor may bring
an action against the obligee or the true biological father of
the child to obtain restitution for up to 5 years of child
support previously paid pursuant to the support order. Any
judgment obtained in an action for restitution may not be
enforced against the mother until after the child for whom the

HB6259 - 2 - LRB096 19471 AJO 34863 b
vacated support order had been entered is 18 years old or is
otherwise emancipated. Any wage deduction or garnishment
action taken to enforce a judgment for restitution obtained
against the true biological father shall stand behind any
withholding order entered against the true biological father,
pursuant to Section 20 of this Act, for the support of the
child for whom the vacated support order had been entered. The
relief provided in this Section shall not limit any relief
otherwise available to the obligor.
(d) If the support order is vacated, the court shall also
vacate the judgment or adjudication of paternity under which
the support order was entered.