HB4447 Enrolled LRB099 16017 HEP 40831 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Parentage Act of 2015 is amended by
5		changing Sections 103, 201, 204, 205, 301, 302, 303, 304, 305,
6		307, 308, 309, 310, 311, 312, 313, 501, 502, 602, 604, 610,
7		611, 622, 802, 803, 805, 808, 809, 903, and 904 as follows:
8		(750 ILCS 46/103)
9		Sec. 103. Definitions. In this Act:
10		(a) "Acknowledged father" means a man who has established a
11		father-child relationship under Article 3.
12		(b) "Adjudicated father" means a man who has been
13		adjudicated by a court of competent jurisdiction, or as
14		authorized under Article X of the Illinois Public Aid Code, to
15		be the father of a child.
16		(c) "Alleged father" means a man who alleges himself to be,
17		or is alleged to be, the biological father or a possible
18		biological father of a child, but whose paternity has not been
19		established. The term does not include:
20		(1) a presumed parent or acknowledged father; or
21		(2) a man whose parental rights have been terminated or
22		declared not to exist.
23		(d) (Reserved).

HB4447 Enrolled - 2 - LRB099 16017 HEP 40831 b
1		(e) "Child" means an individual of any age whose parentage
2		may be established under this Act.
3		(f) "Combined paternity index" means the likelihood of
4		paternity calculated by computing the ratio between:
5		(1) the likelihood that the tested man is the father,
6		based on the genetic markers of the tested man, mother, and
7		child, conditioned on the hypothesis that the tested man is
8		the father of the child; and
9		(2) the likelihood that the tested man is not the
10		father, based on the genetic markers of the tested man,
11		mother, and child, conditioned on the hypothesis that the
12		tested man is not the father of the child and that the
13		father is of the same ethnic or racial group as the tested
14		man.
15		(g) "Commence" means to file the initial pleading seeking
16		an adjudication of parentage in the circuit court of this
17		State.
18		(h) "Determination of parentage" means the establishment
19		of the parent-child relationship by the signing of a voluntary
20		acknowledgment under Article 3 of this Act or adjudication by
21		the court or as authorized under Article X of the Illinois
22		Public Aid Code.
23		(i) (Reserved).
24		(j) "Ethnic or racial group" means, for purposes of genetic
25		testing, a recognized group that an individual identifies as
26		all or part of the individual's ancestry or that is so

HB4447 Enrolled - 3 - LRB099 16017 HEP 40831 b
1		identified by other information.
2		(k) "Gamete" means either a sperm or an egg.
3		(l) "Genetic testing" means an analysis of genetic markers
4		to exclude or identify a man as the father or a woman as the
5		mother of a child as provided in Article 4 of this Act.
6		(l-5) "Gestational surrogacy" means the process by which a
7		woman attempts to carry and give birth to a child created
8		through in vitro fertilization in which the gestational
9		surrogate has made no genetic contribution to any resulting
10		child.
11		(m) "Gestational surrogate mother" means a an adult woman
12		who is not an intended parent and agrees to engage in a
13		gestational surrogacy arrangement gives birth to a child
14		pursuant to the terms of a valid gestational surrogacy
15		arrangement under the Gestational Surrogacy Act contract.
16		(m-5) "Intended parent" means a person who enters into an
17		assisted reproductive technology arrangement, including a
18		gestational surrogacy arrangement, under which he or she will
19		be the legal parent of the resulting child.
20		(n) "Parent" means an individual who has established a
21		parent-child relationship under Section 201 of this Act.
22		(o) "Parent-child relationship" means the legal
23		relationship between a child and a parent of the child.
24		(p) "Presumed parent" means an individual who, by operation
25		of law under Section 204 of this Act, is recognized as the
26		parent of a child until that status is rebutted or confirmed in

HB4447 Enrolled - 4 - LRB099 16017 HEP 40831 b
1		a judicial or administrative proceeding.
2		(q) "Probability of paternity" means the measure, for the
3		ethnic or racial group to which the alleged father belongs, of
4		the probability that the man in question is the father of the
5		child, compared with a random, unrelated man of the same ethnic
6		or racial group, expressed as a percentage incorporating the
7		combined paternity index and a prior probability.
8		(r) "Record" means information that is inscribed on a
9		tangible medium or that is stored in an electronic or other
10		medium and is retrievable in perceivable form.
11		(s) "Signatory" means an individual who authenticates a
12		record and is bound by its terms.
13		(t) "State" means a state of the United States, the
14		District of Columbia, Puerto Rico, the United States Virgin
15		Islands, or any territory or insular possession subject to the
16		jurisdiction of the United States.
17		(u) "Substantially similar legal relationship" means a
18		relationship recognized in this State under Section 60 of the
19		Illinois Religious Freedom Protection and Civil Union Act.
20		(v) "Support-enforcement agency" means a public official
21		or agency authorized to seek:
22		(1) enforcement of support orders or laws relating to
23		the duty of support;
24		(2) establishment or modification of child support;
25		(3) determination of parentage; or
26		(4) location of child-support obligors and their

HB4447 Enrolled - 5 - LRB099 16017 HEP 40831 b
1		income and assets.
2		(Source: P.A. 99-85, eff. 1-1-16.)
3		(750 ILCS 46/201)
4		Sec. 201. Establishment of parent-child relationship.
5		(a) The parent-child relationship is established between a
6		woman and a child by:
7		(1) the woman having given birth to the child, except
8		as otherwise provided in the Gestational Surrogacy Act a
9		valid gestational surrogacy contract;
10		(2) an adjudication of the woman's parentage;
11		(3) adoption of the child by the woman;
12		(4) a valid gestational surrogacy arrangement that
13		complies with the contract under the Gestational Surrogacy
14		Act or other law; or
15		(5) an unrebutted presumption of the woman's parentage
16		of the child under Section 204 of this Act.
17		(b) The parent-child relationship is established between a
18		man and a child by:
19		(1) an unrebutted presumption of the man's parentage of
20		the child under Section 204 of this Act;
21		(2) an effective voluntary acknowledgment of paternity
22		by the man under Article 3 of this Act, unless the
23		acknowledgment has been rescinded or successfully
24		challenged;
25		(3) an adjudication of the man's parentage;

HB4447 Enrolled - 6 - LRB099 16017 HEP 40831 b
1		(4) adoption of the child by the man; or
2		(5) a valid gestational surrogacy arrangement that
3		complies with the contract under the Gestational Surrogacy
4		Act or other law.
5		(c) Insofar as practicable, the provisions of this Act
6		applicable to parent-child relationships shall apply equally
7		to men and women as parents, including, but not limited to, the
8		obligation to support.
9		(Source: P.A. 99-85, eff. 1-1-16.)
10		(750 ILCS 46/204)
11		Sec. 204. Presumption of parentage.
12		(a) A person is presumed to be the parent of a child if:
13		(1) the person and the mother of the child have entered
14		into a marriage, civil union, or substantially similar
15		legal relationship, and the child is born to the mother
16		during the marriage, civil union, or substantially similar
17		legal relationship, except as provided in the Gestational
18		Surrogacy Act by a valid gestational surrogacy contract, or
19		other law;
20		(2) the person and the mother of the child were in a
21		marriage, civil union, or substantially similar legal
22		relationship and the child is born to the mother within 300
23		days after the marriage, civil union, or substantially
24		similar legal relationship is terminated by death,
25		declaration of invalidity of marriage, judgment for

HB4447 Enrolled - 7 - LRB099 16017 HEP 40831 b
1		dissolution of marriage, civil union, or substantially
2		similar legal relationship, or after a judgment for legal
3		separation, except as provided in the Gestational
4		Surrogacy Act by a valid gestational surrogacy contract, or
5		other law;
6		(3) before the birth of the child, the person and the
7		mother of the child entered into a marriage, civil union,
8		or substantially similar legal relationship in apparent
9		compliance with law, even if the attempted marriage, civil
10		union, or substantially similar legal relationship is or
11		could be declared invalid, and the child is born during the
12		invalid marriage, civil union, or substantially similar
13		legal relationship or within 300 days after its termination
14		by death, declaration of invalidity of marriage, judgment
15		for dissolution of marriage, civil union, or substantially
16		similar legal relationship, or after a judgment for legal
17		separation, except as provided in the Gestational
18		Surrogacy Act by a valid gestational surrogacy contract, or
19		other law; or
20		(4) after the child's birth, the person and the child's
21		mother have entered into a marriage, civil union, or
22		substantially similar legal relationship, even if the
23		marriage, civil union, or substantially similar legal
24		relationship is or could be declared invalid, and the
25		person is named, with the person's written consent, as the
26		child's parent on the child's birth certificate.

HB4447 Enrolled - 8 - LRB099 16017 HEP 40831 b
1		(b) If 2 or more conflicting presumptions arise under this
2		Section, the presumption which on the facts is founded on the
3		weightier considerations of policy and logic, especially the
4		policy of promoting the child's best interests, controls.
5		(Source: P.A. 99-85, eff. 1-1-16.)
6		(750 ILCS 46/205)
7		Sec. 205. Proceedings to declare the non-existence of the
8		parent-child relationship.
9		(a) An action to declare the non-existence of the
10		parent-child relationship may be brought by the child, the
11		birth mother, or a person presumed to be a parent under Section
12		204 of this Act. Actions brought by the child, the birth
13		mother, or a presumed parent shall be brought by verified
14		complaint, which shall be designated a petition. After a
15		presumption under Section 204 of this Act has been rebutted,
16		parentage of the child by another man or woman may be
17		established in the same action, if he or she has been made a
18		party.
19		(b) An action to declare the non-existence of the
20		parent-child relationship brought under subsection (a) of this
21		Section shall be barred if brought later than 2 years after the
22		petitioner knew or should have known of the relevant facts. The
23		2-year period for bringing an action to declare the
24		non-existence of the parent-child relationship shall not
25		extend beyond the date on which the child reaches the age of 18

HB4447 Enrolled - 9 - LRB099 16017 HEP 40831 b
1		years. Failure to bring an action within 2 years shall not bar
2		any party from asserting a defense in any action to declare the
3		existence of the parent-child relationship.
4		(c) An action to declare the non-existence of the
5		parent-child relationship may be brought subsequent to an
6		adjudication of parentage in any judgment by the man
7		adjudicated to be the parent pursuant to a presumption in
8		paragraphs (a)(1) through (a)(4) of Section 204 if, as a result
9		of deoxyribonucleic acid (DNA) testing, it is discovered that
10		the man adjudicated to be the parent is not the father of the
11		child. Actions brought by the adjudicated father shall be
12		brought by verified petition. If, as a result of the
13		deoxyribonucleic acid (DNA) testing that is admissible under
14		Section 614 of this Act, the petitioner is determined not to be
15		the father of the child, the adjudication of paternity and any
16		orders regarding the allocation of parental responsibilities
17		custody, parenting time, and future payments of support may be
18		vacated.
19		(d) An action to declare the non-existence of the
20		parent-child relationship brought under subsection (c) of this
21		Section shall be barred if brought more than 2 years after the
22		petitioner obtains actual knowledge of relevant facts. The
23		2-year period shall not apply to periods of time where the
24		birth mother or the child refuses to submit to deoxyribonucleic
25		acid (DNA) testing. The 2-year period for bringing an action to
26		declare the non-existence of the parent-child relationship

HB4447 Enrolled - 10 - LRB099 16017 HEP 40831 b
1		shall not extend beyond the date on which the child reaches the
2		age of 18 years.
3		(Source: P.A. 99-85, eff. 1-1-16.)
4		(750 ILCS 46/301)
5		Sec. 301. Voluntary acknowledgment. A parent-child
6		relationship may be established voluntarily by the signing and
7		witnessing of a voluntary acknowledgment in accordance with
8		Section 12 of the Vital Records Act and Section 10-17.7 of the
9		Illinois Public Aid Code. The voluntary acknowledgment shall
10		contain the last four digits of the social security numbers or
11		tax identification numbers of the persons signing the voluntary
12		acknowledgment; however, failure to include the social
13		security numbers of the persons signing a voluntary
14		acknowledgment does not invalidate the voluntary
15		acknowledgment.
16		(Source: P.A. 99-85, eff. 1-1-16.)
17		(750 ILCS 46/302)
18		Sec. 302. Execution of voluntary acknowledgment.
19		(a) A voluntary acknowledgment described in Section 301 of
20		this Act must:
21		(1) be in a record;
22		(2) be signed, or otherwise authenticated, under
23		penalty of perjury by the mother and by the man seeking to
24		establish his parentage;

HB4447 Enrolled - 11 - LRB099 16017 HEP 40831 b
1		(3) state that the child whose parentage is being
2		acknowledged:
3		(A) does not have a presumed parent, or has a
4		presumed parent whose full name is stated; and
5		(B) does not have another acknowledged or
6		adjudicated parent;
7		(4) be witnessed; and
8		(5) state that the signatories understand that the
9		voluntary acknowledgment is the equivalent of a judicial
10		adjudication of parentage of the child and that: (i) a
11		challenge by a signatory to the voluntary acknowledgment
12		may be permitted only upon a showing of fraud, duress, or
13		material mistake of fact; and (ii) a challenge to the
14		voluntary acknowledgment is barred after 2 years unless
15		that period is tolled pursuant to the law a challenge to
16		the acknowledgment is permitted only under limited
17		circumstances and is barred after 2 years.
18		(b) An acknowledgment is void if it:
19		(1) states that another person is a presumed parent,
20		unless a denial signed or otherwise authenticated by the
21		presumed parent is filed with the Department of Healthcare
22		and Family Services, as provided by law;
23		(2) states that another person is an acknowledged or
24		adjudicated parent; or
25		(3) falsely denies the existence of a presumed,
26		acknowledged, or adjudicated parent of the child.

HB4447 Enrolled - 12 - LRB099 16017 HEP 40831 b
1		(c) A presumed father may sign or otherwise authenticate a
2		voluntary an acknowledgment.
3		(Source: P.A. 99-85, eff. 1-1-16.)
4		(750 ILCS 46/303)
5		Sec. 303. Denial of parentage. A presumed parent may sign a
6		denial of parentage. The denial is valid only if:
7		(a) a voluntary acknowledgment described in Section
8		301 of this Act signed, or otherwise authenticated, by a
9		man is filed pursuant to Section 305 of this Act;
10		(b) the denial is in a record, and is signed, or
11		otherwise authenticated, under penalty of perjury; and
12		(c) the presumed parent has not previously:
13		(1) acknowledged his parentage, unless the
14		previous voluntary acknowledgment has been rescinded
15		under Section 307 of this Act or successfully
16		challenged under Section 308 of this Act; or
17		(2) been adjudicated to be the parent of the child.
18		(Source: P.A. 99-85, eff. 1-1-16.)
19		(750 ILCS 46/304)
20		Sec. 304. Rules for voluntary acknowledgment and denial of
21		parentage.
22		(a) A voluntary An acknowledgment as described in Section
23		301 of this Act and a denial of parentage may be contained in a
24		single document or may be signed in counterparts, and may be

HB4447 Enrolled - 13 - LRB099 16017 HEP 40831 b
1		filed separately or simultaneously. If the voluntary
2		acknowledgment and denial are both necessary, neither is valid
3		until both are filed.
4		(b) A voluntary An acknowledgment or a denial may be signed
5		before the birth of the child.
6		(c) Subject to subsection (a), an acknowledgment or denial
7		takes effect on the birth of the child or the filing of the
8		document with the Department of Healthcare and Family Services,
9		as provided by law, whichever occurs later.
10		(d) A voluntary An acknowledgment or denial signed by a
11		minor is valid if it is otherwise in compliance with this Act.
12		(Source: P.A. 99-85, eff. 1-1-16.)
13		(750 ILCS 46/305)
14		Sec. 305. Effect of voluntary acknowledgment or denial of
15		parentage.
16		(a) Except as otherwise provided in Sections 307 and 308 of
17		this Act, a valid voluntary acknowledgment filed with the
18		Department of Healthcare and Family Services, as provided by
19		law, is equivalent to an adjudication of the parentage of a
20		child and confers upon the acknowledged father all of the
21		rights and duties of a parent.
22		(b) Notwithstanding any other provision of this Act,
23		parentage established in accordance with Section 301 of this
24		Act has the full force and effect of a judgment entered under
25		this Act and serves as a basis for seeking a child support

HB4447 Enrolled - 14 - LRB099 16017 HEP 40831 b
1		order without any further proceedings to establish parentage.
2		(c) Except as otherwise provided in Sections 307 and 308 of
3		this Act, a valid denial by a presumed parent filed with the
4		Department of Healthcare and Family Services, as provided by
5		law, in conjunction with a voluntary acknowledgment, is
6		equivalent to an adjudication of the nonparentage of the
7		presumed parent and discharges the presumed parent from all
8		rights and duties of a parent.
9		(Source: P.A. 99-85, eff. 1-1-16.)
10		(750 ILCS 46/307)
11		Sec. 307. Proceeding for rescission. A signatory may
12		rescind a voluntary acknowledgment or denial by filing a signed
13		and witnessed rescission with the Department of Healthcare and
14		Family Services as provided in Section 12 of the Vital Records
15		Act, before the earlier of:
16		(a) 60 days after the effective date of the voluntary
17		acknowledgment or denial, as provided in Section 304 of
18		this Act; or
19		(b) the date of a judicial or administrative proceeding
20		relating to the child (including a proceeding to establish
21		a support order) in which the signatory is a party.
22		(Source: P.A. 99-85, eff. 1-1-16.)
23		(750 ILCS 46/308)
24		Sec. 308. Challenge after expiration of period for

HB4447 Enrolled - 15 - LRB099 16017 HEP 40831 b
1		rescission. After the period for rescission under Section 307
2		of this Act has expired, a signatory of a voluntary
3		acknowledgment or denial may commence a proceeding to challenge
4		the voluntary acknowledgment or denial only as provided in
5		Section 309 of this Act.
6		(Source: P.A. 99-85, eff. 1-1-16.)
7		(750 ILCS 46/309)
8		Sec. 309. Procedure for challenge.
9		(a) A voluntary acknowledgment and any related denial may
10		be challenged only on the basis of fraud, duress, or material
11		mistake of fact by filing a verified petition under this
12		Section within 2 years after the effective date of the
13		voluntary acknowledgment or denial, as provided in Section 304
14		of this Act. Time during which the person challenging the
15		voluntary acknowledgment or denial is under legal disability or
16		duress or the ground for relief is fraudulently concealed shall
17		be excluded in computing the period of 2 years.
18		(b) The verified complaint, which shall be designated a
19		petition, shall be filed in the county where a proceeding
20		relating to the child was brought, such as a support proceeding
21		or, if none exists, in the county where the child resides.
22		Every signatory to the voluntary acknowledgment and any related
23		denial must be made a party to a proceeding to challenge the
24		voluntary acknowledgment or denial. The party challenging the
25		voluntary acknowledgment or denial shall have the burden of

HB4447 Enrolled - 16 - LRB099 16017 HEP 40831 b
1		proof. The burden of proof to challenge a voluntary
2		acknowledgment is clear and convincing evidence.
3		(c) For the purpose of a challenge to a voluntary an
4		acknowledgment or denial, a signatory submits to personal
5		jurisdiction of this State by signing the voluntary
6		acknowledgment and any related denial, effective upon the
7		filing of the voluntary acknowledgment and any related denial
8		with the Department of Healthcare and Family Services, as
9		provided in Section 12 of the Vital Records Act.
10		(d) Except for good cause shown, during the pendency of a
11		proceeding to challenge a voluntary an acknowledgment or
12		denial, the court may not suspend the legal responsibilities of
13		a signatory arising from the voluntary acknowledgment,
14		including the duty to pay child support.
15		(e) At the conclusion of a proceeding to challenge a
16		voluntary an acknowledgment or denial, the court shall order
17		the Department of Public Health to amend the birth record of
18		the child, if appropriate. A copy of an order entered at the
19		conclusion of a proceeding to challenge shall be provided to
20		the Department of Healthcare and Family Services.
21		(Source: P.A. 99-85, eff. 1-1-16.)
22		(750 ILCS 46/310)
23		Sec. 310. Ratification barred. A court or administrative
24		agency conducting a judicial or administrative proceeding is
25		not required or permitted to ratify an unchallenged voluntary

HB4447 Enrolled - 17 - LRB099 16017 HEP 40831 b
1		acknowledgment described in Section 301 of this Act.
2		(Source: P.A. 99-85, eff. 1-1-16.)
3		(750 ILCS 46/311)
4		Sec. 311. Full faith and credit. A court of this State
5		shall give full faith and credit to a valid voluntary
6		acknowledgment or denial of parentage effective in another
7		state if the voluntary acknowledgment or denial has been signed
8		and is otherwise in compliance with the law of the other state.
9		(Source: P.A. 99-85, eff. 1-1-16.)
10		(750 ILCS 46/312)
11		Sec. 312. Forms for voluntary acknowledgment and denial of
12		parentage.
13		(a) To facilitate compliance with this Article, the
14		Department of Healthcare and Family Services shall prescribe
15		forms for the voluntary acknowledgment and the denial of
16		parentage and for the rescission of the voluntary
17		acknowledgment or denial of parentage consistent with Section
18		307 of this Act.
19		(b) A voluntary acknowledgment, or denial, or rescission of
20		voluntary acknowledgment or denial of parentage, regardless of
21		which version of the prescribed form is used, is not affected
22		by a later modification of the prescribed form.
23		(c) Any voluntary acknowledgment, denial, or rescission of
24		voluntary acknowledgement or denial of parentage that was

HB4447 Enrolled - 18 - LRB099 16017 HEP 40831 b
1		completed before January 1, 2016 is valid if it met all
2		criteria for validity at the time it was signed.
3		(Source: P.A. 99-85, eff. 1-1-16.)
4		(750 ILCS 46/313)
5		Sec. 313. Release of information. The Department of
6		Healthcare and Family Services may release information
7		relating to the voluntary acknowledgment described in Section
8		301 of this Act, or the related denial, to a signatory of the
9		voluntary acknowledgment or denial; to the child's guardian,
10		the emancipated child, or the legal representatives of those
11		individuals; to appropriate federal agencies; and to courts and
12		appropriate agencies of this State or another state.
13		(Source: P.A. 99-85, eff. 1-1-16.)
14		(750 ILCS 46/501)
15		Sec. 501. Temporary orders.
16		(a) On a motion by a party and a showing of clear and
17		convincing evidence of parentage, the court shall issue a
18		temporary order for support of a child, including a non-minor
19		child with a disability, if the order is appropriate and the
20		individual ordered to pay support is:
21		(1) a presumed parent of the child;
22		(2) petitioning to have parentage adjudicated;
23		(3) identified as the father through genetic testing
24		under Article 4 of this Act;

HB4447 Enrolled - 19 - LRB099 16017 HEP 40831 b
1		(4) an alleged father who has declined to submit to
2		genetic testing;
3		(5) shown by clear and convincing evidence to be the
4		child's father;
5		(6) the mother of the child; or
6		(7) anyone else determined to be the child's parent.
7		In determining the amount of a temporary child support
8		award, the court shall use the guidelines and standards set
9		forth in Sections 505, and 505.2, and 513.5 of the Illinois
10		Marriage and Dissolution of Marriage Act.
11		(b) A temporary order may include provisions for the
12		allocation of parental responsibilities custody and parenting
13		time as provided by the Illinois Marriage and Dissolution of
14		Marriage Act. A temporary order may, in accordance with the
15		provisions of subsection (a) of Section 508 of the Illinois
16		Marriage and Dissolution of Marriage Act that relate to
17		proceedings other than pre-judgment dissolution proceedings,
18		include an award for interim attorney's fees and costs.
19		(c) Temporary orders issued under this Section shall not
20		have prejudicial effect with respect to final child support,
21		the allocation of parental responsibilities custody, or
22		parenting time orders.
23		(Source: P.A. 99-85, eff. 1-1-16.)
24		(750 ILCS 46/502)
25		Sec. 502. Injunctive relief.

HB4447 Enrolled - 20 - LRB099 16017 HEP 40831 b
1		(a) In any action brought under this Act for the initial
2		determination of parentage, the allocation of parental
3		responsibilities custody or parenting time of a child, or for
4		modification of a prior allocation order or judgment custody or
5		parenting time order, the court, upon application of a party,
6		may enjoin a party having physical possession or an allocation
7		order or judgment custody of a child from temporarily
8		relocating removing the child from this State pending the
9		adjudication of the issues of parentage, the allocation of
10		parental responsibilities custody, and parenting time. When
11		deciding whether to enjoin relocation removal of a child, or to
12		order a party to return the child to this State, the court
13		shall consider factors including, but not limited to:
14		(1) the extent of previous involvement with the child
15		by the party seeking to enjoin relocation removal or to
16		have the absent party return the child to this State;
17		(2) the likelihood that parentage will be established;
18		and
19		(3) the impact on the financial, physical, and
20		emotional health of the party being enjoined from
21		relocating removing the child or the party being ordered to
22		return the child to this State.
23		(b) A temporary restraining order or preliminary
24		injunction under this Act shall be governed by the relevant
25		provisions of Part 1 of Article XI of the Code of Civil
26		Procedure.

HB4447 Enrolled - 21 - LRB099 16017 HEP 40831 b
1		(c) Notwithstanding the provisions of subsection (a) of
2		this Section, the court may decline to enjoin a domestic
3		violence victim having physical possession or an allocation
4		order or judgment custody of a child from temporarily or
5		permanently relocating removing the child from this State
6		pending an allocation of parental responsibilities the
7		adjudication of issues of custody or an adjudication of
8		parenting time. In determining whether a person is a domestic
9		violence victim, the court shall consider the following
10		factors:
11		(1) a sworn statement by the person that the person has
12		good reason to believe that he or she is the victim of
13		domestic violence or stalking;
14		(2) a sworn statement that the person fears for his or
15		her safety or the safety of his or her children;
16		(3) evidence from police, court, or other government
17		agency records or files;
18		(4) documentation from a domestic violence program if
19		the person is alleged to be a victim of domestic violence;
20		(5) documentation from a legal, clerical, medical, or
21		other professional from whom the person has sought
22		assistance in dealing with the alleged domestic violence;
23		and
24		(6) any other evidence that supports the sworn
25		statements, such as a statement from any other individual
26		with knowledge of the circumstances that provides the basis

HB4447 Enrolled - 22 - LRB099 16017 HEP 40831 b
1		for the claim, or physical evidence of the domestic
2		violence.
3		(Source: P.A. 99-85, eff. 1-1-16.)
4		(750 ILCS 46/602)
5		Sec. 602. Standing. A complaint to adjudicate parentage
6		shall be verified, shall be designated a petition, and shall
7		name the person or persons alleged to be the parent of the
8		child. Subject to Article 3 and Sections 607, 608, and 609 of
9		this Act, a proceeding to adjudicate parentage may be
10		maintained by:
11		(a) the child;
12		(b) the mother of the child;
13		(c) a pregnant woman;
14		(d) a man presumed or alleging himself to be the parent
15		of the child;
16		(e) a woman presumed or alleging herself to be the
17		parent of the child;
18		(f) the support-enforcement agency or other
19		governmental agency authorized by other law;
20		(g) any person or public agency that has physical
21		possession of or has custody of or has been allocated
22		parental responsibilities for custody of, is providing
23		financial support to, or has provided financial support to
24		the child;
25		(h) the Department of Healthcare and Family Services if

HB4447 Enrolled - 23 - LRB099 16017 HEP 40831 b
1		it is providing, or has provided, financial support to the
2		child or if it is assisting with child support collections
3		services;
4		(i) an authorized adoption agency or licensed
5		child-placing agency;
6		(j) a representative authorized by law to act for an
7		individual who would otherwise be entitled to maintain a
8		proceeding but who is deceased, incapacitated, or a minor;
9		or
10		(k) an intended parent pursuant to the terms of a valid
11		gestational surrogacy contract.
12		(Source: P.A. 99-85, eff. 1-1-16.)
13		(750 ILCS 46/604)
14		Sec. 604. Venue.
15		(a) Venue for a proceeding to adjudicate parentage is any
16		county of this State in which a party resides, or if the
17		presumed or alleged father is deceased, in which a proceeding
18		for probate or administration of the presumed or alleged
19		father's estate has been commenced, or could be commenced.
20		(b) A child custody proceeding for the allocation of
21		parental responsibilities is commenced in the county where the
22		child resides.
23		(Source: P.A. 99-85, eff. 1-1-16.)
24		(750 ILCS 46/610)

HB4447 Enrolled - 24 - LRB099 16017 HEP 40831 b
1		Sec. 610. Authority to deny motion for genetic testing.
2		(a) In a proceeding in which to adjudicate the parentage of
3		a child having a presumed, acknowledged, or adjudicated parent
4		is at issue, the court may deny a motion by a parent, presumed
5		parent, acknowledged parent, adjudicated parent, or alleged
6		parent, or the child seeking an order for genetic testing of
7		the parents and child if the court determines that:
8		(1) the conduct of the parent, acknowledged parent,
9		adjudicated parent, or the presumed parent estops that
10		party from denying parentage;
11		(2) it would be inequitable to disprove the
12		parent-child relationship between the child and the
13		presumed, acknowledged, or adjudicated parent; and
14		(3) it is in the child's best interests to deny genetic
15		testing, taking into account the following factors:
16		(A) the length of time between the current
17		proceeding to adjudicate parentage and the time that
18		the presumed, acknowledged, or adjudicated parent was
19		placed on notice that he or she might not be the
20		biological parent;
21		(B) the length of time during which the presumed,
22		acknowledged, or adjudicated parent has assumed the
23		role of parent of the child;
24		(C) the facts surrounding the presumed,
25		acknowledged, or adjudicated parent's discovery of his
26		or her possible nonparentage;

HB4447 Enrolled - 25 - LRB099 16017 HEP 40831 b
1		(D) the nature of the relationship between the
2		child and the presumed, acknowledged, or adjudicated
3		parent;
4		(E) the age of the child;
5		(F) the harm that may result to the child if the
6		presumed, acknowledged, or adjudicated parentage is
7		successfully disproved;
8		(G) the nature of the relationship between the
9		child and any alleged parent;
10		(H) the extent to which the passage of time reduces
11		the chances of establishing the parentage of another
12		person and a child support obligation in favor of the
13		child;
14		(I) other factors that may affect the equities
15		arising from the disruption of the parent-child
16		relationship between the child and the presumed,
17		acknowledged, or adjudicated parent or the chance of
18		other harm to the child; and
19		(J) any other factors the court determines to be
20		equitable.
21		(b) In a proceeding involving the application of this
22		Section, a minor or incapacitated child must be represented by
23		a guardian ad litem, child's representative, or attorney for
24		the child. It shall be presumed to be equitable and in the best
25		interests of the child to grant a motion by the child seeking
26		an order for genetic testing. The presumption may be overcome

HB4447 Enrolled - 26 - LRB099 16017 HEP 40831 b
1		by clear and convincing evidence that extraordinary
2		circumstances exist making the genetic testing contrary to the
3		child's best interests. The court's order denying a child's
4		request for genetic testing must state the basis upon which the
5		presumption was overcome. The court's order granting a child's
6		request for genetic testing must specify the ways in which the
7		testing results may be used for purposes of protecting the
8		child's best interests.
9		(c) If the court denies a motion seeking an order for
10		genetic testing, it shall issue an order adjudicating the
11		presumed parent to be the parent of the child.
12		(Source: P.A. 99-85, eff. 1-1-16.)
13		(750 ILCS 46/611)
14		Sec. 611. Joinder of proceedings.
15		(a) Except as otherwise provided in subsection (b), a
16		proceeding to adjudicate parentage may be joined with a
17		proceeding for adoption, termination of parental rights, the
18		allocation of parental responsibilities child custody or
19		parenting time, child support, dissolution of marriage or civil
20		union, declaration of invalidity of marriage or civil union,
21		legal separation, probate or administration of an estate, or
22		other appropriate proceeding.
23		(b) A respondent may not join a proceeding described in
24		subsection (a) with a proceeding to adjudicate parentage
25		brought under the Uniform Interstate Family Support Act.

HB4447 Enrolled - 27 - LRB099 16017 HEP 40831 b
1		(Source: P.A. 99-85, eff. 1-1-16.)
2		(750 ILCS 46/622)
3		Sec. 622. Allocation of parental responsibilities or
4		parenting time Custody or visitation prohibited to men who
5		father through sexual assault or sexual abuse.
6		(a) This Section applies to a person who has been found to
7		be the father of a child under this Act and who:
8		(1) has been convicted of or who has pled guilty or
9		nolo contendere to a violation of Section 11-1.20 (criminal
10		sexual assault), Section 11-1.30 (aggravated criminal
11		sexual assault), Section 11-1.40 (predatory criminal
12		sexual assault of a child), Section 11-1.50 (criminal
13		sexual abuse), Section 11-1.60 (aggravated criminal sexual
14		abuse), Section 11-11 (sexual relations within families),
15		Section 12-13 (criminal sexual assault), Section 12-14
16		(aggravated criminal sexual assault), Section 12-14.1
17		(predatory criminal sexual assault of a child), Section
18		12-15 (criminal sexual abuse), or Section 12-16
19		(aggravated criminal sexual abuse) of the Criminal Code of
20		1961 or the Criminal Code of 2012, or a similar statute in
21		another jurisdiction, for his conduct in fathering that
22		child; or
23		(2) at a fact-finding hearing, is found by clear and
24		convincing evidence to have committed an act of
25		non-consensual sexual penetration for his conduct in

HB4447 Enrolled - 28 - LRB099 16017 HEP 40831 b
1		fathering that child.
2		(b) A person described in subsection (a) shall not be
3		entitled to an allocation of any parental responsibilities
4		custody of or parenting time visitation with that child without
5		the consent of the child's mother or guardian. If the person
6		described in subsection (a) is also the guardian of the child,
7		he does not have the authority to consent to parenting time
8		visitation or the allocation of parental responsibilities
9		custody under this Section. If the mother of the child is a
10		minor, and the person described in subsection (a) is also the
11		father or guardian of the mother, then he does not have the
12		authority to consent to the allocation of parental
13		responsibilities or parenting time custody or visits.
14		(c) Notwithstanding any other provision of this Act,
15		nothing in this Section shall be construed to relieve the
16		father described in subsection (a) of any support and
17		maintenance obligations to the child under this Act. The
18		child's mother or guardian may decline support and maintenance
19		obligations from the father.
20		(d) Notwithstanding any other provision of law, the father
21		described in subsection (a) of this Section is not entitled to
22		any inheritance or other rights from the child without the
23		consent of the child's mother or guardian.
24		(e) Notwithstanding any provision of the Illinois Marriage
25		and Dissolution of Marriage Act, the parent, grandparent,
26		great-grandparent, or sibling of the person described in

HB4447 Enrolled - 29 - LRB099 16017 HEP 40831 b
1		subsection (a) of this Section does not have standing to bring
2		an action requesting the allocation of parental
3		responsibilities custody or parenting time visitation with the
4		child without the consent of the child's mother or guardian.
5		(f) A petition under this Section may be filed by the
6		child's mother or guardian either as an affirmative petition in
7		circuit court or as an affirmative defense in any proceeding
8		filed by the person described in subsection (a) of this Section
9		regarding the child.
10		(Source: P.A. 99-85, eff. 1-1-16.)
11		(750 ILCS 46/802)
12		Sec. 802. Judgment.
13		(a) The court shall issue an order adjudicating whether a
14		person alleged or claiming to be the parent is the parent of
15		the child. An order adjudicating parentage must identify the
16		child by name initials and date year of birth.
17		The court may assess filing fees, reasonable attorney's
18		fees, fees for genetic testing, other costs, necessary travel
19		expenses, and other reasonable expenses incurred in a
20		proceeding under this Act. The court may award attorney's fees,
21		which may be paid directly to the attorney, who may enforce the
22		order in the attorney's own name. The court may not assess
23		fees, costs, or expenses against the support-enforcement
24		agency of this State or another state, except as provided by
25		other law.

HB4447 Enrolled - 30 - LRB099 16017 HEP 40831 b
1		The judgment shall contain or explicitly reserve
2		provisions concerning any duty and amount of child support and
3		may contain provisions concerning the allocation of parental
4		responsibilities or custody and guardianship of the child,
5		parenting time privileges with the child, and the furnishing of
6		bond or other security for the payment of the judgment, which
7		the court shall determine in accordance with the relevant
8		factors set forth in the Illinois Marriage and Dissolution of
9		Marriage Act and any other applicable law of this State, to
10		guide the court in a finding in the best interests of the
11		child. In determining the allocation of parental
12		responsibilities, relocation custody, joint custody, removal,
13		parenting time, parenting time interference, support for a
14		non-minor disabled child, educational expenses for a non-minor
15		child, and related post-judgment issues, the court shall apply
16		the relevant standards of the Illinois Marriage and Dissolution
17		of Marriage Act. Specifically, in determining the amount of a
18		child support award, the court shall use the guidelines and
19		standards set forth in subsection (a) of Section 505 and in
20		Section 505.2 of the Illinois Marriage and Dissolution of
21		Marriage Act. The court shall order all child support payments,
22		determined in accordance with such guidelines, to commence with
23		the date summons is served. The level of current periodic
24		support payments shall not be reduced because of payments set
25		for the period prior to the date of entry of the support order.
26		(b) In an action brought within 2 years after a child's

HB4447 Enrolled - 31 - LRB099 16017 HEP 40831 b
1		birth, the judgment or order may direct either parent to pay
2		the reasonable expenses incurred by either parent or the
3		Department of Healthcare and Family Services related to the
4		mother's pregnancy and the delivery of the child.
5		(c) In the absence of an explicit order or judgment for the
6		allocation of parental responsibilities If a judgment of
7		parentage contains no explicit award of custody, the
8		establishment of a child support obligation or the allocation
9		of parenting time to rights in one parent shall be construed as
10		an order or judgment allocating all parental responsibilities
11		considered a judgment granting custody to the other parent. If
12		the parentage order of judgment contains no such provisions,
13		all parental responsibilities custody shall be presumed to be
14		allocated to with the mother; however, the presumption shall
15		not apply if the child has resided primarily with the other
16		parent father has had physical custody for at least 6 months
17		prior to the date that the mother seeks to enforce the order or
18		judgment of parentage custodial rights.
19		(d) The court, if necessary to protect and promote the best
20		interests of the child, may set aside a portion of the
21		separately held estates of the parties in a separate fund or
22		trust for the support, education, physical and mental health,
23		and general welfare of a minor or mentally or physically
24		disabled child of the parties.
25		(e) The court may order child support payments to be made
26		for a period prior to the commencement of the action. In

HB4447 Enrolled - 32 - LRB099 16017 HEP 40831 b
1		determining whether and to what extent the payments shall be
2		made for the prior period, the court shall consider all
3		relevant facts, including but not limited to:
4		(1) The factors for determining the amount of support
5		specified in the Illinois Marriage and Dissolution of
6		Marriage Act.
7		(2) The father's prior knowledge of the person
8		obligated to pay support of the fact and circumstances of
9		the child's birth.
10		(3) The father's prior willingness or refusal to help
11		raise or support the child.
12		(4) The extent to which the mother or the public agency
13		bringing the action previously informed the person
14		obligated to pay support father of the child's needs or
15		attempted to seek or require the his help of the person
16		obligated to pay support in raising or supporting the
17		child.
18		(5) The reasons the mother or the public agency did not
19		file the action earlier.
20		(6) The extent to which the person obligated to pay
21		support father would be prejudiced by the delay in bringing
22		the action.
23		For purposes of determining the amount of child support to
24		be paid for the period before the date the order for current
25		child support is entered, there is a rebuttable presumption
26		that the father's net income of the person obligated to pay

HB4447 Enrolled - 33 - LRB099 16017 HEP 40831 b
1		support for the prior period was the same as the his net income
2		of the person obligated to pay support at the time the order
3		for current child support is entered.
4		If (i) the person obligated to pay support non-custodial
5		parent was properly served with a request for discovery of
6		financial information relating to the non-custodial parent's
7		ability to provide child support of the person obligated to pay
8		support; (ii) the person obligated to pay support non-custodial
9		parent failed to comply with the request, despite having been
10		ordered to do so by the court; and (iii) the person obligated
11		to pay support non-custodial parent is not present at the
12		hearing to determine support despite having received proper
13		notice, then any relevant financial information concerning the
14		non-custodial parent's ability to provide child support of the
15		person obligated to pay support that was obtained pursuant to
16		subpoena and proper notice shall be admitted into evidence
17		without the need to establish any further foundation for its
18		admission.
19		(f) A new or existing support order entered by the court
20		under this Section shall be deemed to be a series of judgments
21		against the person obligated to pay support thereunder, each
22		judgment to be in the amount of each payment or installment of
23		support and each judgment to be deemed entered as of the date
24		the corresponding payment or installment becomes due under the
25		terms of the support order. Each judgment shall have the full
26		force, effect, and attributes of any other judgment of this

HB4447 Enrolled - 34 - LRB099 16017 HEP 40831 b
1		State, including the ability to be enforced. A judgment under
2		this Section is subject to modification or termination only in
3		accordance with Section 510 of the Illinois Marriage and
4		Dissolution of Marriage Act. Notwithstanding any State or local
5		law to the contrary, a lien arises by operation of law against
6		the real and personal property of the noncustodial parent for
7		each installment of overdue support owed by the noncustodial
8		parent.
9		(g) If the judgment or order of the court is at variance
10		with the child's birth certificate, the court shall order that
11		a new birth certificate be issued under the Vital Records Act.
12		(h) On the request of both parents, the court shall order a
13		change in the child's name.
14		(i) After hearing evidence, the court may stay payment of
15		support during the period of the father's minority or period of
16		disability.
17		(j) If, upon a showing of proper service, the father fails
18		to appear in court or otherwise appear as provided by law, the
19		court may proceed to hear the cause upon testimony of the
20		mother or other parties taken in open court and shall enter a
21		judgment by default. The court may reserve any order as to the
22		amount of child support until the father has received notice,
23		by regular mail, of a hearing on the matter.
24		(k) An order for support, when entered or modified, shall
25		include a provision requiring the non-custodial parent to
26		notify the court and, in cases in which a party is receiving

HB4447 Enrolled - 35 - LRB099 16017 HEP 40831 b
1		child support enforcement services under Article X of the
2		Illinois Public Aid Code, the Department of Healthcare and
3		Family Services, within 7 days: (i) of the name and address of
4		any new employer of the non-custodial parent; (ii) whether the
5		non-custodial parent has access to health insurance coverage
6		through the employer or other group coverage and, if so, of the
7		policy name and number and the names of adults and initials of
8		minors covered under the policy; and (iii) of any new
9		residential or mailing address or telephone number of the
10		non-custodial parent. In a subsequent action to enforce a
11		support order, upon a sufficient showing that a diligent effort
12		has been made to ascertain the location of the non-custodial
13		parent, service of process or provision of notice necessary in
14		the case may be made at the last known address of the
15		non-custodial parent in any manner expressly provided by this
16		Act or the Code of Civil Procedure, and shall be sufficient for
17		purposes of due process.
18		(l) An order for support shall include a date on which the
19		current support obligation terminates. The termination date
20		shall be no earlier than the date on which the child covered by
21		the order will attain the age of 18. However, if the child will
22		not graduate from high school until after attaining the age of
23		18, then the termination date shall be no earlier than the
24		earlier of the date on which the child's high school graduation
25		will occur or the date on which the child will attain the age
26		of 19. The order for support shall state that the termination

HB4447 Enrolled - 36 - LRB099 16017 HEP 40831 b
1		date does not apply to any arrearage that may remain unpaid on
2		that date. Nothing in this subsection shall be construed to
3		prevent the court from modifying the order or terminating the
4		order in the event the child is otherwise emancipated.
5		(m) If there is an unpaid arrearage or delinquency (as
6		those terms are defined in the Income Withholding for Support
7		Act) equal to at least one month's support obligation on the
8		termination date stated in the order for support or, if there
9		is no termination date stated in the order, on the date the
10		child attains the age of majority or is otherwise emancipated,
11		the periodic amount required to be paid for current support of
12		that child immediately prior to that date shall automatically
13		continue to be an obligation, not as current support but as
14		periodic payment toward satisfaction of the unpaid arrearage or
15		delinquency. The periodic payment shall be in addition to any
16		periodic payment previously required for satisfaction of the
17		arrearage or delinquency. The total periodic amount to be paid
18		toward satisfaction of the arrearage or delinquency may be
19		enforced and collected by any method provided by law for
20		enforcement and collection of child support, including but not
21		limited to income withholding under the Income Withholding for
22		Support Act. Each order for support entered or modified must
23		contain a statement notifying the parties of the requirements
24		of this subsection. Failure to include the statement in the
25		order for support does not affect the validity of the order or
26		the operation of the provisions of this subsection with regard

HB4447 Enrolled - 37 - LRB099 16017 HEP 40831 b
1		to the order. This subsection shall not be construed to prevent
2		or affect the establishment or modification of an order for
3		support of a minor child or the establishment or modification
4		of an order for support of a non-minor child or educational
5		expenses under Section 513 of the Illinois Marriage and
6		Dissolution of Marriage Act.
7		(n) An order entered under this Section shall include a
8		provision requiring the obligor to report to the obligee and to
9		the clerk of court within 7 days each time the obligor obtains
10		new employment, and each time the obligor's employment is
11		terminated for any reason. The report shall be in writing and
12		shall, in the case of new employment, include the name and
13		address of the new employer. Failure to report new employment
14		or the termination of current employment, if coupled with
15		nonpayment of support for a period in excess of 60 days, is
16		indirect criminal contempt. For an obligor arrested for failure
17		to report new employment, bond shall be set in the amount of
18		the child support that should have been paid during the period
19		of unreported employment. An order entered under this Section
20		shall also include a provision requiring the obligor and
21		obligee parents to advise each other of a change in residence
22		within 5 days of the change except when the court finds that
23		the physical, mental, or emotional health of a party or that of
24		a minor child, or both, would be seriously endangered by
25		disclosure of the party's address.
26		(Source: P.A. 99-85, eff. 1-1-16.)

HB4447 Enrolled - 38 - LRB099 16017 HEP 40831 b
1		(750 ILCS 46/803)
2		Sec. 803. Information to State Case Registry.
3		(a) In this Section:
4		"Order for support", "obligor", "obligee", and "business
5		day" are defined as set forth in the Income Withholding for
6		Support Act.
7		"State Case Registry" means the State Case Registry
8		established under Section 10-27 of the Illinois Public Aid
9		Code.
10		(b) Each order for support entered or modified by the
11		circuit court under this Act shall require that the obligor and
12		obligee file with the clerk of the circuit court (i) the
13		information required by this Section (and any other information
14		required under Title IV, Part D of the Social Security Act or
15		by the federal Department of Health and Human Services) at the
16		time of entry or modification of the order for support; and
17		(ii) updated information within 5 business days of any change.
18		Failure of the obligor or obligee to file or update the
19		required information shall be punishable as in cases of
20		contempt. The failure shall not prevent the court from entering
21		or modifying the order for support, however.
22		(c) The obligor shall file the following information: the
23		obligor's name, date year of birth, mailing address, and the
24		last 4 digits of the obligor's social security number or tax
25		identification number. If either the obligor or the obligee

HB4447 Enrolled - 39 - LRB099 16017 HEP 40831 b
1		receives child support enforcement services from the
2		Department of Healthcare and Family Services under Article X of
3		the Illinois Public Aid Code, the obligor shall also file the
4		following information: the obligor's telephone number, the
5		last 4 digits of the obligor's driver's license number,
6		residential address (if different from the obligor's mailing
7		address), and the name, address, and telephone number of the
8		obligor's employer or employers.
9		(d) The obligee shall file the following information:
10		(1) The name of the obligee and the name initials of
11		the child or children covered by the order for support.
12		(2) The dates years of birth of the obligee and the
13		child or children covered by the order for support.
14		(3) The last 4 digits of the social security numbers or
15		tax identification numbers of the obligee and the child or
16		children covered by the order for support.
17		(4) The obligee's mailing address.
18		(e) In cases in which the obligee receives child support
19		enforcement services from the Department of Healthcare and
20		Family Services under Article X of the Illinois Public Aid
21		Code, the order for support shall (i) require that the obligee
22		file the information required under subsection (d) with the
23		Department of Healthcare and Family Services for inclusion in
24		the State Case Registry, rather than file the information with
25		the clerk, and (ii) require that the obligee include the
26		following additional information:

HB4447 Enrolled - 40 - LRB099 16017 HEP 40831 b
1		(1) The obligee's telephone and the last 4 digits of
2		the obligee's driver's license number.
3		(2) The obligee's residential address, if different
4		from the obligee's mailing address.
5		(3) The name, address, and telephone number of the
6		obligee's employer or employers.
7		The order for support shall also require that the obligee
8		update the information filed with the Department of Healthcare
9		and Family Services within 5 business days of any change.
10		(f) The clerk of the circuit court shall provide the
11		information filed under this Section, together with the court
12		docket number and county in which the order for support was
13		entered, to the State Case Registry within 5 business days
14		after receipt of the information.
15		(g) In a case in which a party is receiving child support
16		enforcement services under Article X of the Illinois Public Aid
17		Code, the clerk of the circuit court shall provide the
18		following additional information to the State Case Registry
19		within 5 business days after entry or modification of an order
20		for support or request from the Department of Healthcare and
21		Family Services:
22		(1) the amount of monthly or other periodic support
23		owed under the order for support and other amounts,
24		including arrearage, interest, or late payment penalties
25		and fees, due or overdue under the order; and
26		(2) any amounts that have been received by the clerk,

HB4447 Enrolled - 41 - LRB099 16017 HEP 40831 b
1		and the distribution of those amounts by the clerk.
2		(h) Information filed by the obligor and obligee under this
3		Section that is not specifically required to be included in the
4		body of an order for support under other laws is not a public
5		record and shall be treated as confidential and subject to
6		disclosure only in accordance with the provisions of this
7		Section, Section 10-27 of the Illinois Public Aid Code, and
8		Title IV, Part D of the Social Security Act.
9		(Source: P.A. 99-85, eff. 1-1-16.)
10		(750 ILCS 46/805)
11		Sec. 805. Enforcement of judgment or order.
12		(a) If the existence of the parent-child relationship is
13		declared, or if parentage or a duty of support has been
14		established under this Act or under prior law or under the law
15		of any other jurisdiction, the judgment rendered thereunder may
16		be enforced in the same or in other proceedings by any party or
17		any person or agency that has furnished or may furnish
18		financial assistance or services to the child. The Income
19		Withholding for Support Act and Sections 802 and 808 of this
20		Act shall also be applicable with respect to the entry,
21		modification, and enforcement of a support judgment entered
22		under the Paternity Act, approved July 5, 1957 and repealed
23		July 1, 1985.
24		(b) Failure to comply with an order of the court shall be
25		punishable as contempt as in other cases of failure to comply

HB4447 Enrolled - 42 - LRB099 16017 HEP 40831 b
1		under the Illinois Marriage and Dissolution of Marriage Act. In
2		addition to other penalties provided by law, the court may,
3		after finding the party guilty of contempt, take the following
4		action:
5		(1) Order that the party be placed on probation with
6		such conditions of probation as the court deems advisable.
7		(2) Order that the party be sentenced to periodic
8		imprisonment for a period not to exceed 6 months. However,
9		the court may permit the party to be released for periods
10		of time during the day or night to work, conduct business,
11		or engage in other self-employed occupation. The court may
12		further order any part of all the earnings of a party
13		during a sentence of periodic imprisonment to be paid to
14		the clerk of the circuit court or to the person or parent
15		having custody of or having been allocated parental
16		responsibilities for custody of the minor child for the
17		support of the child until further order of the court.
18		(3) Pierce the ownership veil of a person, persons, or
19		business entity to discover assets of a non-custodial
20		parent held in the name of that person, those persons, or
21		that business entity, if there is a unity of interest and
22		ownership sufficient to render no financial separation
23		between the non-custodial parent and that person, those
24		persons, or the business entity. The following
25		circumstances are sufficient for a court to order discovery
26		of the assets of a person, persons, or business entity and

HB4447 Enrolled - 43 - LRB099 16017 HEP 40831 b
1		to compel the application of any discovered assets toward
2		payment of the judgment for support:
3		(A) the non-custodial parent and the person,
4		persons, or business entity maintain records together.
5		(B) the non-custodial parent and the person,
6		persons, or business entity fail to maintain an
7		arm's-length relationship between themselves with
8		regard to any assets.
9		(C) the non-custodial parent transfers assets to
10		the person, persons, or business entity with the intent
11		to perpetrate a fraud on the custodial parent. With
12		respect to assets which are real property, no order
13		entered under this subdivision (3) shall affect the
14		rights of bona fide purchasers, mortgagees, judgment
15		creditors, or other lien holders who acquire their
16		interests in the property prior to the time a notice of
17		lis pendens under the Code of Civil Procedure or a copy
18		of the order is placed of record in the office of the
19		recorder of deeds for the county in which the real
20		property is located.
21		(4) Order that, in cases where the party is 90 days or
22		more delinquent in payment of support or has been
23		adjudicated in arrears in an amount equal to 90 days
24		obligation or more, the party's Illinois driving
25		privileges be suspended until the court determines that the
26		party is in compliance with the judgment or duty of

HB4447 Enrolled - 44 - LRB099 16017 HEP 40831 b
1		support. The court may also order that the parent be issued
2		a family financial responsibility driving permit that
3		would allow limited driving privileges for employment and
4		medical purposes in accordance with Section 7-702.1 of the
5		Illinois Vehicle Code. The clerk of the circuit court shall
6		certify the order suspending the driving privileges of the
7		parent or granting the issuance of a family financial
8		responsibility driving permit to the Secretary of State on
9		forms prescribed by the Secretary. Upon receipt of the
10		authenticated documents, the Secretary of State shall
11		suspend the party's driving privileges until further order
12		of the court and shall, if ordered by the court and subject
13		to the provisions of Section 7-702.1 of the Illinois
14		Vehicle Code, issue a family financial responsibility
15		driving permit to the parent.
16		In addition to the penalties or punishment that may be
17		imposed under this Section, a person whose conduct constitutes
18		a violation of Section 15 of the Non-Support Punishment Act may
19		be prosecuted under that Act, and a person convicted under that
20		Act may be sentenced in accordance with that Act. The sentence
21		may include, but need not be limited to, a requirement that the
22		person perform community service under Section 50 of that Act
23		or participate in a work alternative program under Section 50
24		of that Act. A person may not be required to participate in a
25		work alternative program under Section 50 of the Non-Support
26		Punishment Act if the person is currently participating in a

HB4447 Enrolled - 45 - LRB099 16017 HEP 40831 b
1		work program under Section 806 of this Act.
2		(c) In a post-judgment proceeding to enforce or modify the
3		judgment, the parties shall continue to be designated as in the
4		original proceeding.
5		(Source: P.A. 99-85, eff. 1-1-16.)
6		(750 ILCS 46/808)
7		Sec. 808. Modification of judgment. The court has
8		continuing jurisdiction to modify an order for child support,
9		allocation of parental responsibilities custody, parenting
10		time, or relocation removal included in a judgment entered
11		under this Act. Any allocation of parental responsibilities
12		custody, parenting time, or relocation removal judgment
13		modification shall be in accordance with the relevant factors
14		specified in the Illinois Marriage and Dissolution of Marriage
15		Act. Any support judgment is subject to modification or
16		termination only in accordance with Section 510 of the Illinois
17		Marriage and Dissolution of Marriage Act.
18		(Source: P.A. 99-85, eff. 1-1-16.)
19		(750 ILCS 46/809)
20		Sec. 809. Right to counsel.
21		(a) Any party may be represented by counsel at all
22		proceedings under this Act. Except as otherwise provided in
23		this Act, the court may order, in accordance with the relevant
24		factors specified in Section 508 of the Illinois Marriage and

HB4447 Enrolled - 46 - LRB099 16017 HEP 40831 b
1		Dissolution of Marriage Act, reasonable fees of counsel,
2		experts, and other costs of the action, pre-trial proceedings,
3		post-judgment proceedings to enforce or modify the judgment,
4		and the appeal or the defense of an appeal of the judgment to
5		be paid by the parties. The court may not order payment by the
6		Department of Healthcare and Family Services in cases in which
7		the Department is providing child support enforcement services
8		under Article X of the Illinois Public Aid Code.
9		(b) In any proceedings involving the support, allocation of
10		parental responsibilities custody, parenting time, education,
11		parentage, property interest, relocation, or general welfare
12		of a minor or dependent child, the court may, on its own motion
13		or that of any party, appoint an attorney to serve in one of
14		the capacities specified in Section 506 of the Illinois
15		Marriage and Dissolution of Marriage Act.
16		(Source: P.A. 99-85, eff. 1-1-16.)
17		(750 ILCS 46/903)
18		Sec. 903. Transitional provision. A proceeding to
19		adjudicate parentage which was commenced before the effective
20		date of this Act is governed by the law in effect at the time
21		the proceeding was commenced, except that this Act applies to
22		all pending actions and proceedings commenced before January 1,
23		2016 with respect to issues on which a judgment has not been
24		entered.
25		(Source: P.A. 99-85, eff. 1-1-16.)

HB4447 Enrolled - 47 - LRB099 16017 HEP 40831 b
1		(750 ILCS 46/904)
2		Sec. 904. Savings provision. The repeal of the Illinois
3		Parentage Act of 1984 and the Illinois Parentage Act shall not
4		affect rights or liabilities under that Act those Acts which
5		have been determined, settled, or adjudicated prior to the
6		effective date of this Act or which are the subject of
7		proceedings pending on the effective date of this Act. This Act
8		shall not be construed to bar an action which would have been
9		barred because the action had not been filed within a time
10		limitation under the Illinois Parentage Act of 1984 and the
11		Illinois Parentage Act, or which could not have been maintained
12		under that Act those Acts, as long as the action is not barred
13		by a limitations period set forth in this Act.
14		(Source: P.A. 99-85, eff. 1-1-16.)