(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 state is a foreign country or political subdivision, upon request the tribunal 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 state.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04 .) |
(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 obligee 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) issue or enforce a support order, modify a
| child‑support order, determine the controlling child‑support order, or determine parentage; | |
(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 |
|
(6) set aside property for satisfaction of the |
|
(7) place liens and order execution on the obligor's |
|
(8) order an obligor to keep the tribunal informed |
| of the obligor's current residential 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 |
|
(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 obligee and the obligor and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgement 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. 93‑479, eff. 1‑1‑04, operative 7‑1‑04 .) |
(750 ILCS 22/307)
Sec. 307.
Duties of support enforcement agency.
(a) A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this Act. 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 that is providing services to the petitioner shall:
(1) take all steps necessary to enable an
| appropriate tribunal in this State or another state 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 10 days, exclusive of Saturdays, Sundays, |
| and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; | |
(5) within 10 days, exclusive of Saturdays, Sundays, |
| and legal holidays, after receipt of a written 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 |
|
(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 judgement 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 of the Uniform Interstate Family Support Act.
(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. 93‑479, eff. 1‑1‑04, operative 7‑1‑04 .) |
(750 ILCS 22/310)
Sec. 310.
Duties of the Department of Healthcare and Family Services.
(a) The 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 an initiating tribunal or the state information agency of the initiating state; 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. | |
(c) The Department of Healthcare and Family Services may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with Illinois and take appropriate action for notification of this determination.
(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(750 ILCS 22/319)
Sec. 319.
Receipt and disbursement of payments.
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 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. | |
(3) 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. 93‑479, eff. 1‑1‑04, operative 7‑1‑04 .) |