Bill Text: IL HB1485 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Illinois Public Aid Code and the Illinois Parentage Act of 1984. Provides that an administrative determination of paternity that is not based on a voluntary acknowledgment of paternity made in accordance with the Illinois Public Aid Code may be challenged in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party and that, pending the outcome of the challenge to the administrative determination of paternity, the legal responsibilities of the parties shall remain in full force and effect, except upon order of the court upon a showing of good cause. Provides that DNA evidence that a man who has been found to be the father of a child under an administrative determination of paternity is not the natural father of the child constitutes a material mistake of fact. Provides that an action under the new provisions is barred if brought more than 6 months after the effective date of the amendatory Act or more than 2 years after the petitioner obtains actual knowledge of the relevant facts, whichever is later, and that the 2-year period for bringing an action shall not extend beyond the date on which the child reaches the age of 18 years. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-08-27 - Public Act . . . . . . . . . 99-0471 [HB1485 Detail]

Download: Illinois-2015-HB1485-Chaptered.html

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Public Act 099-0471
HB1485 Enrolled LRB099 06089 HEP 26144 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 Public Aid Code is amended by
changing Section 10-15.1 as follows:
(305 ILCS 5/10-15.1)
Sec. 10-15.1. Judicial registration of administrative
support orders and administrative paternity orders.
(a) A final administrative support order or a final
administrative paternity order, excluding a voluntary
acknowledgement or denial of paternity that is governed by
other provisions of this Code, the Illinois Parentage Act of
1984, and the Vital Records Act, 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 or the notice of paternity and support
obligation that commenced the procedure for establishment

of the administrative support order or the administrative
paternity 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 or an
administrative paternity order under subsection (a)
constitutes registration with the circuit court.
(c) (Blank).
(c-5) Every notice of registration must be accompanied by a
copy of the registered administrative support order or the
registered administrative paternity order and the documents

and relevant information accompanying the order pursuant to
subsection (a).
(d) (Blank).
(d-5) The registering party shall serve notice of the
registration on the other party by first class mail, unless the
administrative support order or the administrative paternity
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 or the
administrative paternity 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 or an administrative paternity order must provide the
following information:
(1) That a registered administrative order is
enforceable in the same manner as an order for support or
an order for paternity issued by the circuit court.

(2) That a hearing to contest enforcement of the
registered administrative support order or the registered
administrative paternity 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
or the registered administrative paternity 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 or a registered
administrative paternity 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 the registered administrative paternity 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 or
the registered administrative paternity 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
or the registered administrative paternity 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 a registered administrative
paternity 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 or the
administrative paternity order was obtained by fraud.
(3) The administrative support order or the
administrative paternity order has been vacated,
suspended, or modified by a later order.
(4) The Illinois Department has stayed the
administrative support order or the administrative
paternity 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 or the
registered administrative paternity 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 or the administrative paternity order, the court
shall issue an order confirming the administrative support
order or the administrative paternity order. Confirmation of
the registered administrative support order or the registered
administrative paternity 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 or the registered administrative
paternity order shall be treated in the same manner as a
support order or a paternity 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 a petition to modify the
administrative paternity order due to clear and convincing
evidence regarding paternity, or petitions for visitation or
custody of the child or children covered by the administrative
support order or the administrative paternity order. Nothing in
this Section shall be construed to alter the effect of a final

administrative support order or a final administrative
paternity order, or the restriction of judicial review of such
a final order to the provisions of the Administrative Review
Law, as provided in Sections Section 10-11 and 10-17.7 of this
Code.
(l) Notwithstanding the limitations of relief provided for
under this Section regarding an administrative paternity order
and the administrative relief available from an administrative
paternity order under Sections 10-12 through 10-14.1 of this
Code, a party may petition for relief from a registered final
administrative paternity order entered by consent of the
parties, excluding a voluntary acknowledgement or denial of
paternity as well as an administrative paternity order entered
pursuant to genetic testing. The petition shall be filed
pursuant to Section 2-1401 of the Code of Civil Procedure based
upon a showing of due diligence and a meritorious defense. The
court, after reviewing the evidence regarding this specific
type of administrative paternity order entered by consent of
the parties, shall issue an order regarding the petition.
Nothing in this Section shall be construed to alter the effect
of a final administrative paternity order, or the restriction
of judicial review of such a final order to the provisions of
the Administrative Review Law, as provided in Section 10-17.7
of this Code.
(Source: P.A. 97-926, eff. 8-10-12; 98-563, eff. 8-27-13.)