State Codes and Statutes

Statutes > Illinois > Chapter750 > 2091 > 075000220HArt_6_Pt_1

(750 ILCS 22/Art. 6 Pt. 1 heading) PART 1 REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER (Source: P.A. 88‑550.)

(750 ILCS 22/601)
Sec. 601. Registration of order for enforcement.

A support order or income‑withholding order issued by a tribunal of another state may be registered in this State for enforcement.

(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

    (750 ILCS 22/602)
    Sec. 602. Procedure to register order for enforcement.

(a) A support order or income‑withholding order of another state may be registered in this State by sending the following records and information to the appropriate tribunal in this State:

(1) a letter of transmittal to the tribunal

requesting registration and enforcement;

(2) 2 copies, including one certified copy, of the

order to be registered, including any modification of the order;

(3) a sworn statement by the person requesting

registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) the name of the obligor and, if known:
(i) the obligor's address and social security

number;

(ii) the name and address of the obligor's

employer and any other source of income of the obligor; and

(iii) a description and the location of property

of the obligor in this State not exempt from execution; and

(5) except as otherwise provided in Section 312, the

name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.

(c) 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.

(d) If two or more orders are in effect, the person requesting registration shall:
(1) furnish to the tribunal a copy of every support

order asserted to be in effect in addition to the documents specified in this Section;

(2) specify the order alleged to be the controlling

order, if any; and

(3) specify the amount of consolidated arrears, if

any.

(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

(Source: P.A. 92‑463, eff. 8‑22‑01; 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)

    (750 ILCS 22/603)
    Sec. 603. Effect of registration for enforcement.

(a) A support order or income‑withholding order issued in another state is registered when the order is filed in the registering tribunal of this State.

(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.

(c) Except as otherwise provided in this Article, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.

(Source: P.A. 88‑550, eff. date changed from 1‑1‑95 to 1‑1‑96 by P.A. 88‑691.)

    (750 ILCS 22/604)
    Sec. 604. Choice of law.
    (a) Except as otherwise provided in subsection (d), the law of the issuing state governs:
        (1) the nature, extent, amount, and duration of

current payments under a registered support order;

(2) the computation and payment of arrearages and

accrual of interest on the arrearages under the support order; and

(3) the existence and satisfaction of other

obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state, whichever is longer, applies.

(c) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state registered in this State.

(d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.)