(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income‑withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) that a registered order is enforceable as of the
| date of registration in the same manner as an order issued by a tribunal of this State; | |
(2) that a hearing to contest the validity or |
| enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice; | |
(3) that failure to contest the validity or |
| enforcement of the registered order in a timely manner will 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; and | |
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must also:
(1) identify the two or more orders and the order |
| alleged by the registering person to be the controlling order and the consolidated arrears, if any; | |
(2) notify the nonregistering party of the right to |
| a determination of which is the controlling order; | |
(3) state that the procedures provided in subsection |
| (b) apply to the determination of which is the controlling order; and | |
(4) state that failure to contest the validity or |
| enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. | |
(d) Upon registration of an income‑withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the Income Withholding for Support Act.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.) |
(750 ILCS 22/607)
Sec. 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal
| jurisdiction over the contesting party; | |
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or |
| modified by a later order; | |
(4) the issuing tribunal has stayed the order |
| |
(5) there is a defense under the law of this State |
| |
(6) full or partial payment has been made;
(7) the statute of limitation under Section 604 |
| precludes enforcement of some or all of the alleged arrearages; or | |
(8) the alleged controlling order is not the |
| |
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal 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 order may be enforced by all remedies available under the law of this State.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.) |
(750 ILCS 22/605)
Sec. 605. Notice of registration of order.
(a) When a support order or income‑withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) that a registered order is enforceable as of the
| date of registration in the same manner as an order issued by a tribunal of this State; | |
(2) that a hearing to contest the validity or |
| enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice; | |
(3) that failure to contest the validity or |
| enforcement of the registered order in a timely manner will 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; and | |
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must also:
(1) identify the two or more orders and the order |
| alleged by the registering person to be the controlling order and the consolidated arrears, if any; | |
(2) notify the nonregistering party of the right to |
| a determination of which is the controlling order; | |
(3) state that the procedures provided in subsection |
| (b) apply to the determination of which is the controlling order; and | |
(4) state that failure to contest the validity or |
| enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. | |
(d) Upon registration of an income‑withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the Income Withholding for Support Act.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.) |
(750 ILCS 22/607)
Sec. 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal
| jurisdiction over the contesting party; | |
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or |
| modified by a later order; | |
(4) the issuing tribunal has stayed the order |
| |
(5) there is a defense under the law of this State |
| |
(6) full or partial payment has been made;
(7) the statute of limitation under Section 604 |
| precludes enforcement of some or all of the alleged arrearages; or | |
(8) the alleged controlling order is not the |
| |
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal 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 order may be enforced by all remedies available under the law of this State.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
(Source: P.A. 93‑479, eff. 1‑1‑04, operative 7‑1‑04.) |
