Public Act 098-0563

SB1358 Enrolled LRB098 07897 KTG 37982 b

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by

changing Sections 10-15.1 and 10-16.5 as follows:

(305 ILCS 5/10-15.1)

Sec. 10-15.1. Judicial registration of administrative

support orders.

(a) A final administrative support order established by the

Illinois Department under this Article X may be registered in

the appropriate circuit court of this State by the Department

or by a party to the order by filing:

(1) Two copies, including one certified copy of the

order to be registered, any modification of the

administrative support order, any voluntary acknowledgment

of paternity pertaining to the child covered by the order,

and the documents showing service of the notice of support

obligation that commenced the procedure for establishment

of the administrative support order pursuant to Section

10-4 of this Code.

(2) A sworn statement by the person requesting

registration or a certified copy of the Department payment

record showing the amount of any past due support accrued

under the administrative support order.

(3) The name of the obligor and, if known, the

obligor's address and social security number.

(4) The name of the obligee and the obligee's address,

unless the obligee alleges in an affidavit or pleading

under oath that the health, safety, or liberty of the

obligee or child would be jeopardized by disclosure of

specific identifying information, in which case that

information must be sealed and may not be disclosed to the

other party or public. After a hearing in which the court

takes into consideration the health, safety, or liberty of

the party or child, the court may order disclosure of

information that the court determines to be in the interest

of justice.

(b) The filing of an administrative support order under

subsection (a) constitutes registration with the circuit

court.

(c) (Blank). 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.

(c-5) Every notice of registration must be accompanied by a

copy of the registered administrative support order and the

documents and relevant information accompanying the order

pursuant to subsection (a).

(d) (Blank). When an administrative support order is

registered, the clerk of the circuit court shall notify the

nonregistering party and the Illinois Department, unless the

Department is requesting registration of its order. The notice,

which shall be served on the nonregistering party by any method

provided by law for service of a summons, must be accompanied

by a copy of the registered administrative support order and

the documents and relevant information accompanying the order.

(d-5) The registering party shall serve notice of the

registration on the other party by first class mail, unless the

administrative support order was entered by default or the

registering party is also seeking an affirmative remedy. The

registering party shall serve notice on the Department in all

cases by first class mail.

(1) If the administrative support order was entered by

default against the obligor, the obligor must be served

with the registration by any method provided by law for

service of summons.

(2) If a petition or comparable pleading seeking an

affirmative remedy is filed with the registration, the

non-moving party must be served with the registration and

the affirmative pleading by any method provided by law for

service of summons.

(e) A notice of registration of an administrative support

order must provide the following information:

(1) That a registered administrative order is

enforceable in the same manner as an order for support

issued by the circuit court.

(2) That a hearing to contest enforcement of the

registered administrative support order must be requested

within 30 days after the date of service of the notice.

(3) That failure to contest, in a timely manner, the

enforcement of the registered administrative support order

shall result in confirmation of the order and enforcement

of the order and the alleged arrearages and precludes

further contest of that order with respect to any matter

that could have been asserted.

(4) The amount of any alleged arrearages.

(f) A nonregistering party seeking to contest enforcement

of a registered administrative support order shall request a

hearing within 30 days after the date of service of notice of

the registration. The nonregistering party may seek to vacate

the registration, to assert any defense to an allegation of

noncompliance with the registered administrative support

order, or to contest the remedies being sought or the amount of

any alleged arrearages.

(g) If the nonregistering party fails to contest the

enforcement of the registered administrative support order in a

timely manner, the order shall be confirmed by operation of

law.

(h) If a nonregistering party requests a hearing to contest

the enforcement of the registered administrative support

order, the circuit court shall schedule the matter for hearing

and give notice to the parties and the Illinois Department of

the date, time, and place of the hearing.

(i) A party contesting the enforcement of a registered

administrative support order or seeking to vacate the

registration has the burden of proving one or more of the

following defenses:

(1) The Illinois Department lacked personal

jurisdiction over the contesting party.

(2) The administrative support order was obtained by

fraud.

(3) The administrative support order has been vacated,

suspended, or modified by a later order.

(4) The Illinois Department has stayed the

administrative support order pending appeal.

(5) There is a defense under the law to the remedy

sought.

(6) Full or partial payment has been made.

(j) If a party presents evidence establishing a full or

partial payment defense under subsection (i), the court may

stay enforcement of the registered order, continue the

proceeding to permit production of additional relevant

evidence, and issue other appropriate orders. An uncontested

portion of the registered administrative support order may be

enforced by all remedies available under State law.

(k) If a contesting party does not establish a defense

under subsection (i) to the enforcement of the administrative

support order, the court shall issue an order confirming the

administrative support order. Confirmation of the registered

administrative 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. Upon confirmation, the registered

administrative support order shall be treated in the same

manner as a support order entered by the circuit court,

including the ability of the court to entertain a petition to

modify the administrative support order due to a substantial

change in circumstances, or petitions for visitation or custody

of the child or children covered by the administrative support

order. Nothing in this Section shall be construed to alter the

effect of a final administrative support order, or the

restriction of judicial review of such a final order to the

provisions of the Administrative Review Law, as provided in

Section 10-11 of this Code.

(Source: P.A. 97-926, eff. 8-10-12.)

(305 ILCS 5/10-16.5)

Sec. 10-16.5. Interest on support obligations. A support

obligation, or any portion of a support obligation, which

becomes due and remains unpaid as of the end of each month,

excluding the child support that was due for that month to the

extent that it was not paid in that month, shall accrue simple

interest as set forth in Section 12-109 of the Code of Civil

Procedure. An order for support entered or modified on or after

January 1, 2006 shall contain a statement that a support

obligation required under the order, or any portion of a

support obligation required under the order, that becomes due

and remains unpaid as of the end of each month, excluding the

child support that was due for that month to the extent that it

was not paid in that month, shall accrue simple interest as set

forth in Section 12-109 of the Code of Civil Procedure. Failure

to include the statement in the order for support does not

affect the validity of the order or the accrual of interest as

provided in this Section.

In cases in which IV-D services are being provided, the

Department shall provide, by rule, for a one-time notice to

obligees advising the obligee that he or she must notify the

Department within 60 days of the notice that he or she wishes

to have the Department compute any interest that accrued on a

specific docket in his or her case between May 1, 1987 and

December 31, 2005. If the obligee fails to notify the

Department within the 60-day period: (i) the Department shall

have no further duty to enforce and collect interest accrued on

support obligations established under this Code or under any

other law that are owed to the obligee prior to January 1,

2006; and (ii) any interest due on that docket prior to 2006

may be pursued by the obligee through a court action, but not

through the Department's IV-D agency.

(Source: P.A. 94-90, eff. 1-1-06.)

Section 10. The Code of Civil Procedure is amended by

changing Section 12-109 as follows:

(735 ILCS 5/12-109) (from Ch. 110, par. 12-109)

Sec. 12-109. Interest on judgments.

(a) Every judgment except those arising by operation of law

from child support orders shall bear interest thereon as

provided in Section 2-1303.

(b) Every judgment arising by operation of law from a child

support order shall bear interest as provided in this

subsection. The interest on judgments arising by operation of

law from child support orders shall be calculated by applying

one-twelfth of the current statutory interest rate as provided

in Section 2-1303 to the unpaid child support balance as of the

end of each calendar month. The unpaid child support balance at

the end of the month is the total amount of child support

ordered, excluding the child support that was due for that

month to the extent that it was not paid in that month and

including judgments for retroactive child support, less all

payments received and applied as set forth in this subsection.

The accrued interest shall not be included in the unpaid child

support balance when calculating interest at the end of the

month. The unpaid child support balance as of the end of each

month shall be determined by calculating the current monthly

child support obligation and applying all payments received for

that month, except federal income tax refund intercepts, first

to the current monthly child support obligation and then

applying any payments in excess of the current monthly child

support obligation to the unpaid child support balance owed

from previous months. The current monthly child support

obligation shall be determined from the document that

established the support obligation. Federal income tax refund

intercepts and any payments in excess of the current monthly

child support obligation shall be applied to the unpaid child

support balance. Any payments in excess of the current monthly

child support obligation and the unpaid child support balance

shall be applied to the accrued interest on the unpaid child

support balance. Interest on child support obligations may be

collected by any means available under State law for the

collection of child support judgments federal and State laws,

rules, and regulations providing for the collection of child

support.

(Source: P.A. 94-90, eff. 1-1-06.)

Section 99. Effective date. This Act takes effect upon

becoming law.