There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 750 Families 750 ILCS 45/ Illinois Parentage Act of 1984.
(750 ILCS 45/1) (from Ch. 40, par. 2501)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
"Illinois Parentage Act of 1984".
(Source: P.A. 83‑1372.)
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(750 ILCS 45/1.1) (from Ch. 40, par. 2501.1)
Sec. 1.1.
Public Policy.
Illinois recognizes the right of every
child to the physical, mental, emotional and monetary support of his or her
parents under this Act.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/2) (from Ch. 40, par. 2502)
Sec. 2.
Parent and Child Relationship Defined.
As used in this Act,
"parent and child relationship" means the legal relationship existing
between a child and his natural or adoptive parents incident to which the
law confers or imposes rights, privileges, duties, and obligations. It
includes the mother and child relationship and the father and child relationship.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/2.5)
Sec. 2.5. Definitions. As used in this Act, the terms "gestational surrogacy", "gestational surrogate", and "intended parent" have the same meanings as the terms are defined in Section 10 of the Gestational Surrogacy Act.
(Source: P.A. 93‑921, eff. 1‑1‑05.)
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(750 ILCS 45/3) (from Ch. 40, par. 2503)
Sec. 3.
Relationship and Support Not Dependent on Marriage.
The
parent and child relationship, including support obligations, extends equally
to every child and to every parent, regardless of the marital status of the
parents.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/3.1) (from Ch. 40, par. 2503.1)
Sec. 3.1.
A child's mother or a person found to be the father of a
child under this Act, is not relieved of support and maintenance
obligations to the child because he or she is a minor.
(Source: P.A. 87‑537.)
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(750 ILCS 45/4) (from Ch. 40, par. 2504)
Sec. 4.
How Parent and Child Relationship Established.
The parent
and child relationship between a child and
(1) the natural mother may be established by proof of her having given
birth to the child, or under this Act;
(2) the natural father may be established under this Act;
(3) an adoptive parent may be established by proof of adoption, or by
records established pursuant to Section 16 of the "Vital Records Act",
approved August 8, 1961, as amended.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/4.1)
Sec. 4.1.
Administrative paternity determinations.
Notwithstanding any
other provision of this Act, the Illinois Department of Public Aid may make
administrative determinations of paternity and nonpaternity in accordance with
Section 10‑17.7 of the Illinois Public Aid Code. These determinations of
paternity or nonpaternity shall have the full force and effect of judgments
entered under this Act.
(Source: P.A. 88‑687, eff. 1‑24‑95.)
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(750 ILCS 45/5) (from Ch. 40, par. 2505)
Sec. 5.
Presumption of Paternity.
(a) A man is presumed to be the
natural father of a child if:
(1) he and the child's natural mother are or have | ||
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(2) after the child's birth, he and the child's | ||
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(3) he and the child's natural mother have signed an | ||
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(4) he and the child's natural mother have signed an | ||
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(b) A presumption under subdivision (a)(1) or (a)(2) of this Section may
be rebutted only by clear and convincing evidence. A presumption under
subdivision (a)(3) or (a)(4) is conclusive, unless the acknowledgment of
parentage is rescinded under the process
provided in Section 12 of the Vital Records Act,
upon the earlier
of:
(1) 60 days after the date the acknowledgment of | ||
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(2) the date of an administrative or judicial | ||
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except that if a minor has signed the
acknowledgment of paternity or acknowledgment of parentage and denial of
paternity, the presumption becomes conclusive 6 months after the minor reaches
majority or is otherwise emancipated.
(Source: P.A. 89‑641, eff. 8‑9‑96; 90‑18, eff. 7‑1‑97.)
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(A) The gestational surrogate certifies that she | ||
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(B) The husband, if any, of the gestational | ||
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(C) The intended mother certifies that she | ||
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(D) The intended father certifies that he | ||
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(E) A physician licensed to practice medicine in | ||
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(E‑5) The attorneys for the intended parents and | ||
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(F) All certifications shall be in writing and | ||
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(2) Unless otherwise determined by order of the | ||
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(b) Notwithstanding any other provisions of this Act, paternity established
in accordance with subsection (a) has the full force and effect of a judgment
entered under this Act and serves as a basis for seeking a child support order
without any further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify paternity
established
in accordance with subsection (a) is neither required nor permitted.
(d) A signed acknowledgment of paternity entered under this Act may be
challenged in court only on the basis of fraud, duress, or material mistake of
fact, with the burden of proof upon the challenging party. Pending outcome of
the challenge to the acknowledgment of paternity, the legal responsibilities of
the signatories shall remain in full force and effect, except upon order of the
court upon a showing of good cause.
(e) Once a parent and child relationship is established in accordance with
subsection (a), an order for support may be established pursuant to a petition
to establish an order for support by consent filed with the clerk of the
circuit court. A copy of the properly completed acknowledgment of parentage
form shall be attached to the petition. The petition shall ask that the
circuit court enter an order for support. The petition may ask that an order
for visitation, custody, or guardianship be entered. The filing and appearance
fees provided under the Clerks of Courts Act shall be waived for all cases in
which an acknowledgment of parentage form has been properly completed by the
parties and in which a petition to establish an order for support by consent
has been filed with the clerk of the circuit court. This subsection shall not
be construed to prohibit filing any petition for child support, visitation, or
custody under this Act, the Illinois Marriage and Dissolution of Marriage Act,
or the Non‑Support Punishment Act. This subsection shall also not
be construed to prevent the establishment of
an administrative support order in cases involving persons receiving child
support enforcement services under Article X of the Illinois Public Aid Code.
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑921, eff. 1‑1‑05; 93‑1095, eff. 3‑29‑05.)
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(750 ILCS 45/7) (from Ch. 40, par. 2507)
Sec. 7.
Determination of Father and Child Relationship; Who May Bring
Action; Parties.
(a) An action to determine the existence of the father and child
relationship, whether or not such a relationship is already presumed under
Section 5 of this Act, may be brought by the child; the mother; a pregnant
woman; any person or public agency who has custody of, or is providing or has
provided financial support to, the child; the Illinois Department of Public
Aid if it is providing or has provided financial support to the child or if it
is assisting with child support collection services; or a man presumed or
alleging himself
to be the father of the child or expected child. The complaint shall be
verified and shall name the person or persons alleged to be the father of the
child.
(b) An action to declare the non‑existence of the parent and child
relationship may be brought by the child, the natural mother, or a man
presumed to be the father under subdivision (a)(1) or (a)(2) of Section 5
of this Act. Actions brought by the child, the natural mother
or a presumed father shall be brought by verified complaint.
After the presumption that a man presumed to be the father under
subdivision (a)(1) or (a)(2) of Section 5
has been rebutted, paternity of the
child by another man may be determined in the same action, if he has been made
a party.
(b‑5) An action to declare the non‑existence of the parent and child
relationship may be brought subsequent to an adjudication of paternity in any
judgment by the man adjudicated to be the father pursuant to the presumptions
in Section 5 of this Act if, as a result of deoxyribonucleic acid (DNA) tests,
it
is discovered that the man adjudicated to be the father is not the natural
father of the child. Actions brought by the adjudicated father shall be
brought by verified complaint. If, as a result of the deoxyribonucleic acid
(DNA) tests, the plaintiff is determined not to be the father of the child, the
adjudication of paternity and any orders regarding custody, visitation, and
future payments of support may be vacated.
(c) If any party is a minor, he or she may be represented by his or her
general guardian or a guardian ad litem appointed by the court, which may
include an appropriate agency. The court may align the parties.
(d) Regardless of its terms, an agreement, other than a settlement
approved by the court, between an alleged or presumed father and the mother
or child, does not bar an action under this Section.
(e) If an action under this Section is brought before the birth of the
child, all proceedings shall be stayed until after the birth, except for
service or process, the taking of depositions to perpetuate testimony, and
the ordering of blood tests under appropriate circumstances.
(Source: P.A. 89‑674, eff. 8‑14‑96; 90‑18, eff. 7‑1‑97; 90‑715, eff.
8‑7‑98.)
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(750 ILCS 45/8) (from Ch. 40, par. 2508)
Sec. 8.
Statute of limitations.
(a) (1) An action brought by or on behalf of a child, an | ||
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(2) Failure to bring an action within 2 years shall | ||
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(3) An action to declare the non‑existence of the | ||
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(4) An action to declare the non‑existence of the | ||
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(b) The time during which any party is not subject to service of process
or is otherwise not subject to the jurisdiction of the courts of this State
shall toll the aforementioned periods.
(c) This Act does not affect the time within which any rights under
the Probate Act of 1975 may be asserted beyond the time
provided by law relating to distribution and closing of decedent's estates
or to the determination of heirship, or otherwise.
(Source: P.A. 89‑674, eff. 8‑14‑96; 90‑18, eff. 7‑1‑97; 90‑715, eff.
8‑7‑98.)
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(750 ILCS 45/9) (from Ch. 40, par. 2509)
Sec. 9.
Jurisdiction; Venue.
(a) The circuit courts shall have
jurisdiction of an action brought under this Act. In any civil action not
brought under this Act, the provisions of this Act shall apply if parentage
is at issue. The Court may join any action under this Act with any other
civil action where applicable.
(b) The action may be brought in the county in which any party resides
or is found or, if the father is deceased, in which proceedings for probate
of his estate have been or could be commenced.
(c) The summons that is served on a defendant shall include the return
date on or by which the defendant must appear and shall contain the following
information, in a prominent place and in conspicuous language, in addition
to the information required to be provided by the laws of this State: "If
you do not appear as instructed in this summons, you may be required to
support the child named in this petition until the child is at least 18
years old. You may also have to pay the pregnancy and delivery costs of the mother."
(Source: P.A. 84‑848.)
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(750 ILCS 45/9.1) (from Ch. 40, par. 2509.1)
Sec. 9.1.
Notice to Presumed Father.
(a) In any action brought under
Section 6 or 7 of this Act where the man signing the petition for an order
establishing the existence of the parent and child relationship by consent
or the man alleged to be the father in a complaint is different from a man
who is presumed to be father of the child under Section 5, a notice shall
be served on the presumed father in the same manner as summonses are served
in other civil proceedings or, in lieu of personal service, service may be
made as follows:
(1) The person requesting notice shall pay to the | ||
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(2) The Clerk shall promptly mail to the presumed | ||
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(3) The return receipt, when returned to the Clerk, | ||
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(4) The Clerk shall note the fact of service in a | ||
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(b) The notice shall read as follows:
IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER.
You have been identified as the presumed father of .........
born on .........
The mother of the child is .........
An action is being brought to establish the parent and child relationship
between the named child and a man named by the mother, .........
Under the law, you are presumed to be the father if (1) you and the
child's mother are or have been married to each other, and the child was
born or conceived during the marriage; or if (2) upon the child's birth,
you and the child's mother married each other and you were named, with your
consent, as the child's father on the child's birth certificate.
As the presumed father, you have certain legal rights with respect to the
named child, including the right to notice of the filing of proceedings
instituted for the establishment of parentage of said child and if named as
the father in a petition to establish parentage, the right to submit, along
with the mother and child, to deoxyribonucleic acid (DNA) tests to determine
inherited characteristics. If you wish
to retain your rights with respect to said child, you must file with the
Clerk of this Circuit Court of ......... County, Illinois whose address is
........, Illinois, within 30 days after the date of receipt of this
notice, a declaration of parentage stating that you are, in fact, the
father of said child and that you intend to retain your legal rights with
respect to said child, or request to be notified of any further proceedings
with respect to the parentage of said child.
If you do not file such declaration of parentage, or a request for
notice, then whatever legal rights you have with respect to the named
child, including the right to notice of any future proceedings for the
establishment of parentage of the child, may be terminated without any
further notice to you. When your legal rights with respect to the named
child are so terminated, you will not be entitled to notice of any
future proceedings.
(c) The notice to presumed fathers provided for in this Section in any
action brought by a public agency shall be prepared and mailed by such
public agency and the mailing fee to the Clerk shall be waived.
(Source: P.A. 90‑23, eff. 1‑1‑98.)
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(750 ILCS 45/10) (from Ch. 40, par. 2510)
Sec. 10.
Pre‑trial Proceedings.
(a) As soon as practicable after an
action to declare the existence or non‑existence of the father and child
relationship has been brought, and the parties are at issue, the court may
conduct a pre‑trial conference.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/11) (from Ch. 40, par. 2511)
Sec. 11.
Tests to determine inherited characteristics.
(a) As soon as practicable, the court or Administrative Hearing Officer
in an Expedited Child Support System may, and upon request of a party
shall, order or direct the mother, child and alleged father to
submit to deoxyribonucleic acid (DNA) tests to determine
inherited characteristics.
If any party refuses to submit to the tests, the court may
resolve the
question of paternity against that party or enforce its order if the rights
of others and the interests of justice so require.
(b) The tests shall be conducted by an expert qualified as an examiner of
blood or tissue types and appointed by
the court.
The expert shall determine the testing procedures. However, any
interested party, for good cause shown, in advance of the scheduled tests,
may request a hearing to object to the
qualifications of the expert or the testing procedures. The
expert appointed by the court shall testify at the
pre‑test hearing at the expense of the party requesting the hearing, except
as provided in subsection (h) of this Section for an indigent party. An
expert not appointed by the court shall testify at the pre‑test hearing at
the expense of the party retaining the expert. Inquiry into an
expert's qualifications at the pre‑test hearing shall not affect either
parties' right to have the expert qualified at trial.
(c) The expert shall prepare a written report of the test
results. If the test results show that the alleged father is not excluded,
the report shall contain a combined paternity index relating to the probability
of paternity. The expert may be called by the court as a witness to
testify to his or her findings and, if called, shall be subject to
cross‑examination by the parties. If the test results show that the alleged
father is not excluded,
any party may demand that other experts,
qualified as examiners of blood or tissue types, perform independent tests
under order of court, including, but not limited to, blood types or other
tests of genetic markers such as those found by Human Leucocyte Antigen (HLA)
tests. The results of the tests may be offered into evidence. The
number and qualifications of the experts shall be determined by the court.
(d) Documentation of the chain of custody of the blood or
tissue samples, accompanied by an affidavit or certification in accordance
with Section 1‑109 of the Code of Civil Procedure, is competent evidence to
establish the chain of custody.
(e) The report of the test results prepared by the appointed expert shall be
made by affidavit or
by
certification as provided in Section 1‑109 of the Code of Civil Procedure
and shall be mailed to all parties. A proof of service shall be
filed with the court. The verified
report shall be admitted into evidence at trial without foundation testimony
or other proof of authenticity or accuracy, unless a written motion
challenging the admissibility of the report is filed by either party
within 28 days of receipt of the report, in
which case expert testimony shall be required.
A party may
not file such a motion challenging the admissibility of the report later than
28 days before commencement of trial. Before trial, the court
shall determine whether the motion is sufficient to deny admission of the
report by verification. Failure to make
that timely motion constitutes a waiver of the right to object to
admission by verification and shall not be
grounds for a continuance of the hearing to determine paternity.
(f) Tests taken pursuant to this Section shall have the following effect:
(1) If the court finds that the conclusion of the | ||
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(2) If the experts disagree in their findings or | ||
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(3) If the tests show that the alleged father is not | ||
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(4) If the tests show that the alleged father is not | ||
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(g) Any presumption of parentage as set forth in Section 5 of this Act
is rebutted if the court finds that the conclusion of the expert or experts
excludes
paternity of the presumed father.
(h) The expense of the tests shall be paid by the party
who requests the tests. Where the tests are requested by the party
seeking to establish paternity and that party is found to be indigent by
the court, the expense shall be paid by the public agency providing
representation; except that where a public agency is not providing
representation, the expense shall be paid by the county in which the action
is brought. Where the tests are ordered by the court on its own motion or
are requested by the alleged or presumed father and that father is found to
be indigent by the court, the expense shall be paid by the county in which
the action is brought. Any part of the expense may be taxed as costs in the
action, except that no costs may be taxed against a public agency that has
not requested the tests.
(i) The compensation of each expert witness appointed by the court shall
be paid as provided in subsection (h) of this Section. Any part of
the payment may be taxed as costs in the action, except that
no costs may be taxed against a public agency that has not requested the
services of the expert witness.
(j) Nothing in this Section shall prevent any party from obtaining tests
of his or her own blood or tissue independent of those ordered by the court
or from
presenting expert testimony interpreting those tests or any other blood
tests ordered pursuant to this Section. Reports of all the
independent tests, accompanied by affidavit or certification pursuant to
Section 1‑109 of the Code of Civil Procedure, and notice of any expert
witnesses to be called to testify to the results of those tests shall be
submitted to all parties at least 30 days before any hearing set to
determine the issue of parentage.
(Source: P.A. 87‑428; 87‑435; 88‑353; 88‑687, eff. 1‑24‑95.)
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(750 ILCS 45/12) (from Ch. 40, par. 2512)
Sec. 12.
Pre‑Trial Recommendations.
(a) On the basis of the information
produced at a pretrial conference, the court shall evaluate the probability
of determining the existence or non‑existence of the father and child relationship
in a trial and whether a judicial declaration of the relationship would
be in the best interest of the child. On the basis of the evaluation, an
appropriate recommendation for settlement shall be made to the parties,
which may include that the alleged father consent to a finding of his
paternity of the child, or that the action be dismissed with or without prejudice.
(b) If the parties accept a recommendation made in accordance with subsection
(a) of this Section, judgment shall be entered accordingly.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/12.1) (from Ch. 40, par. 2512.1)
Sec. 12.1.
Settlement Orders.
In cases where the alleged father has
not consented to a finding of paternity and where the parties have requested
a settlement, the court shall review the proposed settlement in light of
the allegations made, the probable evidence and the circumstances of the
parties. If the court is satisfied that the best interests of the child
and of the parties will be served by entry of an order incorporating the
settlement, and if the court is satisfied that the financial security of
the child is adequately provided for and that the child and its mother are
not likely to become public charges, it may enter an order so incorporating
the settlement. The order may be directed to the defendant, or the mother,
or both. Notwithstanding subsection (d) of Section 7 of this Act, neither
the entry of a settlement order, nor the terms of a settlement order shall
bar an action brought under this Act by a child to ascertain paternity.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/13) (from Ch. 40, par. 2513)
Sec. 13.
Civil Action.
(a) An action under this Act is a civil action
governed by the provisions of the "Code of Civil Procedure", approved August
19, 1981, as amended, and the Supreme Court rules applicable thereto, except
where otherwise specified in this Act.
(b) Trial by jury is not available under this Act.
(c) Certified copies of the bills for costs incurred for pregnancy and
childbirth shall be admitted into evidence at judicial or administrative
proceedings without foundation testimony or other proof of authenticity or
accuracy.
(Source: P.A. 90‑18, eff. 7‑1‑97.)
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(750 ILCS 45/13.5)
Sec. 13.5.
Injunctive relief.
(a) In any action brought under this Act for the initial determination of
custody or visitation of a child or for modification of a prior custody or
visitation order, the court, upon application of any party, may enjoin a party
having physical possession or custody of a child from temporarily or
permanently removing the child from Illinois pending the adjudication of the
issues of custody and visitation.
When deciding whether to enjoin removal of
a child, the Court shall consider the following factors including, but not
limited to:
(1) the extent of previous involvement with the | ||
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(2) the likelihood that parentage will be | ||
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(3) the impact on the financial, physical, and | ||
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(b) Injunctive relief under this Act shall be governed by the relevant
provisions of the Code of Civil Procedure.
(c) Notwithstanding the provisions of subsection (a), the court may decline
to enjoin a domestic violence victim having physical possession or custody of a
child from temporarily or permanently removing the child from Illinois pending
the adjudication of the issues of custody and visitation. In determining
whether a person is a domestic violence victim, the court shall consider the
following factors:
(1) a sworn statement by the person that the person | ||
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(2) a sworn statement that the person fears for his | ||
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(3) evidence from police, court or other government | ||
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(4) documentation from a domestic violence program | ||
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(5) documentation from a legal, clerical, medical, | ||
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(6) any other evidence that supports the sworn | ||
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(Source: P.A. 93‑139, eff. 7‑10‑03.)
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(2) The father's prior willingness or refusal to | ||
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(3) The extent to which the mother or the public | ||
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(4) The reasons the mother or the public agency did | ||
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(5) The extent to which the father would be | ||
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For purposes of determining the amount of child support to be paid for any
period before the date the order for current child support is entered, there is
a
rebuttable presumption that the father's net income for the prior period was
the same as his net income at the time the order for current child support is
entered.
If (i) the non‑custodial parent was properly served with a request for
discovery of
financial information relating to the non‑custodial parent's ability to provide
child support, (ii)
the non‑custodial parent failed to comply with the request, despite having been
ordered to
do so by the court, and (iii) the non‑custodial parent is not present at the
hearing to
determine support despite having received proper notice, then any relevant
financial
information concerning the non‑custodial parent's ability to provide child
support
that was
obtained pursuant to subpoena and proper notice shall be admitted into evidence
without
the need to establish any further foundation for its admission.
(c) Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each judgment
to be in the amount of each payment or installment of support and each such
judgment to be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order. Each
judgment shall have the full force, effect and attributes of any other
judgment of this State, including the ability to be enforced.
A lien arises by operation of law against the real and personal property of
the noncustodial parent for each installment of overdue support owed by the
noncustodial parent.
(d) If the judgment or order of the court is at variance with the child's
birth certificate, the court shall order that a new birth certificate be
issued under the Vital Records Act.
(e) On request of the mother and the father, the court shall order a
change in the child's name. After hearing evidence the court may stay
payment of support during the period of the father's minority or period of
disability.
(f) If, upon a showing of proper service, the father fails to appear in
court, or
otherwise appear as provided by law, the court may proceed to hear the
cause upon testimony of the mother or other parties taken in open court and
shall enter a judgment by default. The court may reserve any order as to
the amount of child support until the father has received notice, by
regular mail, of a hearing on the matter.
(g) A one‑time charge of 20% is imposable upon the amount of past‑due
child support owed on July 1, 1988 which has accrued under a support order
entered by the court. The charge shall be imposed in accordance with the
provisions of Section 10‑21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(h) All orders for support, when entered or
modified, shall include a provision requiring the non‑custodial parent
to
notify the court and, in cases in which party is receiving child
support enforcement services under Article X of the Illinois Public Aid Code,
the
Illinois Department of Public Aid, within 7 days, (i) of the name and
address of any new employer of the non‑custodial parent, (ii) whether the
non‑custodial
parent has access to health insurance coverage through the employer or other
group coverage and, if so, the policy name and number and the names of
persons
covered under the policy, and (iii) of any new residential or mailing address
or telephone
number of the non‑custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non‑custodial parent, service of process or
provision of notice necessary in the case may be made at the last known
address of the non‑custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Act, which service shall be sufficient for
purposes of due process.
(i) An order for support shall include a date on which the current
support obligation terminates. The termination date shall be no earlier
than
the date on which the child covered by the order will attain the age of
18. However, if the child will not graduate from high school until after
attaining the age
of 18, then the termination date shall be no earlier than the earlier of the
date on which
the child's high school graduation will occur or the date on which the child
will attain the
age of 19.
The order
for
support shall state that
the termination date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to prevent the court
from modifying the order
or terminating the order in the event the child is otherwise emancipated.
(i‑5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this subsection. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this subsection with regard to the order. This subsection shall not be construed to prevent or affect the establishment or modification of an order for support of a minor child or the establishment or modification of an order for support of a non‑minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
(j) An order entered under this Section shall include a provision
requiring the obligor to report to the obligee and to the clerk of court within
10 days each time the obligor obtains new employment, and each time the
obligor's employment is terminated for any reason.
The report shall be in writing and shall, in the case of new employment,
include the name and address of the new employer.
Failure to report new employment or
the termination of current employment, if coupled with nonpayment of support
for a period in excess of 60 days, is indirect criminal contempt. For
any obligor arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the period of
unreported employment. An order entered under this Section shall also include
a provision requiring the obligor and obligee parents to advise each other of a
change in residence within 5 days of the change
except when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously endangered by
disclosure of the party's address.
(Source: P.A. 92‑590, eff. 7‑1‑02; 92‑876, eff. 6‑1‑03; 93‑139, eff. 7‑10‑03; 93‑1061, eff. 1‑1‑05.)
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(750 ILCS 45/14.1)
Sec. 14.1.
Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business day" are defined as
set forth in the
Income Withholding for Support Act.
"State Case Registry" means the State Case Registry established under Section
10‑27 of the Illinois Public Aid Code.
(b) Each order for support entered or modified by the circuit court under
this Act shall require that the obligor and obligee (i) file with the clerk of
the
circuit court the information required by this Section (and any other
information required under Title IV, Part D of the Social Security Act or by
the
federal Department of Health and Human Services) at the time of
entry or modification of the order for support and (ii) file updated
information with the clerk within 5 business days of any change.
Failure of the obligor or obligee to file or update the required information
shall be
punishable as in cases of contempt. The failure shall not prevent the court
from entering
or modifying the order for support, however.
(c) The obligor shall file the following information: the obligor's name,
date of birth, social security number, and mailing address.
If either the obligor or the obligee receives child support enforcement
services from the Illinois Department
of Public Aid
under Article X of the Illinois Public Aid Code, the obligor
shall also file the following information: the obligor's telephone number,
driver's license number, and residential address (if different from the
obligor's mailing address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or | ||
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(2) The dates of birth of the obligee and the child | ||
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(3) The social security numbers of the obligee and | ||
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(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support enforcement
services from the Illinois Department of Public Aid under Article X of the
Illinois Public
Aid Code, the order for support shall (i) require that the obligee file the
information required under subsection (d) with the Illinois Department of
Public Aid for inclusion in the State Case Registry, rather
than file the information with the clerk, and (ii) require that the obligee
include the following additional information:
(1) The obligee's telephone and driver's license | ||
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(2) The obligee's residential address, if different | ||
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(3) The name, address, and telephone number of the | ||
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The order for support shall also require that the obligee update
the information filed with the Illinois Department of Public Aid within 5
business days of any change.
(f) The clerk shall provide the information filed under this Section,
together with the court docket number and county in which the order for support
was entered, to the State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child support enforcement
services under Article X of the Illinois Public Aid Code, the clerk shall
provide the following additional information to the State Case Registry within
5 business days after entry or modification of an order for support or request
from the Illinois Department of Public Aid:
(1) The amount of monthly or other periodic support | ||
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(2) Any such amounts that have been received by the | ||
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(h) Information filed by the obligor and obligee under this Section that is
not specifically required to be included in the body of an order for support
under other laws is not a public record and shall be treated as
confidential and subject to disclosure only in accordance with the provisions
of this Section, Section 10‑27 of the Illinois Public Aid Code, and Title IV,
Part D of the Social Security Act.
(Source: P.A. 91‑212, eff. 7‑20‑99; 92‑463, eff. 8‑22‑01.)
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(750 ILCS 45/14.5)
Sec. 14.5.
Information to locate putative fathers and noncustodial
parents.
(a) Upon request by a public office, employers, labor unions, and telephone
companies
shall provide location information concerning putative fathers and noncustodial
parents for the
purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support
obligation. The term "public office" is defined as set forth in the Income
Withholding for
Support Act. In this Section, "location information" means information about
(i) the physical
whereabouts of a putative father or noncustodial parent, (ii) the employer of
the putative father or
noncustodial parent, or (iii) the salary, wages, and other compensation paid
and the health
insurance coverage provided to the putative father or noncustodial parent by
the employer of the
putative father or noncustodial parent or by a labor union of which the
putative father or
noncustodial parent is a member.
An employer, labor union, or telephone company shall respond to the request of
the
public office within 15 days after receiving the request. Any employer, labor
union, or telephone
company that willfully fails to fully respond within the 15‑day period shall be
subject to a penalty
of $100 for each day that the response is not provided to the public office
after the 15‑day period
has expired. The penalty may be collected in a civil action, which may be
brought against the
employer, labor union, or telephone company in favor of the public office.
(b) Upon being served with a subpoena (including an administrative subpoena
as
authorized by law), a utility company or cable television company must provide
location
information to a public office for the purpose of establishing a child's
paternity or establishing,
enforcing, or modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or local law to the
contrary, an
employer, labor union, telephone company, utility company, or cable television
company shall
not be liable to any person for disclosure of location information under the
requirements of this
Section, except for willful and wanton misconduct.
(Source: P.A. 93‑116, eff. 7‑10‑03.)
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(750 ILCS 45/15) (from Ch. 40, par. 2515)
Sec. 15.
Enforcement of Judgment or Order.
(a) If existence of the
parent and child relationship is declared, or paternity or duty of support
has been established under this Act or under prior law or under the law
of any other jurisdiction, the judgment rendered thereunder may be enforced
in the same or other proceedings by any party or any person or agency that
has furnished or may furnish financial assistance or services to the child.
The Income Withholding for Support Act and Sections 14 and 16 of this Act shall
also be applicable with respect
to entry, modification and enforcement of any support judgment entered
under provisions of the "Paternity Act", approved July 5, 1957, as amended,
repealed July 1, 1985.
(b) Failure to comply with any order of the court shall be punishable
as contempt as in other cases of failure to comply under the "Illinois
Marriage and Dissolution of Marriage Act", as now or hereafter amended. In
addition to other penalties provided by law, the court may, after finding
the party guilty of contempt, order that the party be:
(1) Placed on probation with such conditions of | ||
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(2) Sentenced to periodic imprisonment for a period | ||
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(2.5) The court may also pierce the ownership veil | ||
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(A) the non‑custodial parent and the person, | ||
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(B) the non‑custodial parent and the person, | ||
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(C) the non‑custodial parent transfers assets to | ||
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With respect to assets which are real property, no | ||
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(3) The court may also order that in cases where the | ||
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In addition to the penalties or punishment that may be imposed under this
Section, any person whose conduct constitutes a violation of Section 15 of the
Non‑Support Punishment Act may be prosecuted
under that Act,
and
a person convicted under that Act may be sentenced in
accordance with that
Act. The sentence may include but need not be limited to a
requirement
that the person
perform community service under Section 50 of that
Act or
participate in a work alternative program under Section 50
of that Act.
A person may not be required to
participate in a work alternative program
under Section 50 of that Act if the
person is currently participating
in a work program pursuant to Section 15.1 of this Act.
(c) In any post‑judgment proceeding to enforce or modify the judgment
the parties shall continue to be designated as in the original proceeding.
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑16, eff. 6‑28‑01.)
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(750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
Sec. 15.1.
(a) Whenever it is determined in a proceeding to establish or
enforce a child support obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment and report
periodically to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally, the court may
order the unemployed person to report to the Department of Employment
Security for job search services or to make application with the local Job
Training Partnership Act provider for participation in job search, training
or work programs and where the duty of support is owed to a child receiving
child support enforcement services under Article X of the Illinois
Public Aid Code, as
amended, the court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job search, training
or work programs established under Section 9‑6 and Article IXA of that
Code.
(b) Whenever it is determined that a
person owes past‑due support for a child,
and the child is receiving assistance under the Illinois Public Aid Code,
the court shall order the
following at the request of the Illinois Department of Public Aid:
(1) that the person pay the past‑due support in | ||
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(2) if the person owing past‑due support is | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑590, eff. 7‑1‑02.)
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(750 ILCS 45/15.2) (from Ch. 40, par. 2515.2)
Sec. 15.2.
Order of protection; status.
Whenever relief is sought under
this Act, the court, before granting relief, shall determine whether any
order of protection has previously been entered in the instant proceeding
or any other proceeding in which any party, or a child of any party, or
both, if relevant, has been designated as either a respondent or a protected
person.
(Source: P.A. 87‑743.)
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(750 ILCS 45/16) (from Ch. 40, par. 2516)
Sec. 16.
Modification of Judgment.
The court has continuing jurisdiction
to modify an order for support, custody, visitation, or removal included in a
judgment entered under this Act. Any custody, visitation, or removal judgment
modification shall be in accordance with the relevant factors specified in the
Illinois Marriage and Dissolution of Marriage Act, including Section 609. Any
support judgment is subject to modification or termination only in accordance
with Section 510 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 93‑139, eff. 7‑10‑03.)
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(750 ILCS 45/17) (from Ch. 40, par. 2517)
Sec. 17.
Costs.
Except as otherwise provided in this Act, the court may
order reasonable fees of counsel, experts, and other costs of the action,
pre‑trial proceedings, post‑judgment proceedings to enforce or modify the
judgment, and the appeal or the defense of an appeal of the judgment, to be
paid by the parties in accordance with the relevant factors specified in
Section 508 of the Illinois Marriage and Dissolution of Marriage Act, as
amended.
(Source: P.A. 85‑1417; 86‑1339.)
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(750 ILCS 45/18) (from Ch. 40, par. 2518)
Sec. 18.
Right to Counsel; Free Transcript on Appeal.
(a) Any party
may be represented by counsel at all proceedings under this Act.
(a‑5) In any proceedings involving the support, custody,
visitation, education, parentage, property interest, or general welfare of a
minor or dependent child, the court may, on its own motion or that of any
party, and subject to the terms or specifications the court determines, appoint
an attorney to serve in one of the following capacities:
(1) as an attorney to represent the child;
(2) as a guardian ad litem to address issues the | ||
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(3) as a child's representative whose duty shall be | ||
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During the proceedings the court may appoint an additional attorney to
serve in another of the capacities described in subdivisions (1), (2), or
(3) of the preceding paragraph on
its own motion or that of a party only for good cause shown and when the
reasons for the additional appointment are set forth in specific findings.
The court shall enter an order as appropriate for
costs, fees, and disbursements, including a retainer, when the attorney,
guardian ad litem, or child's representative is appointed, and thereafter as
necessary. Such orders shall require payment by either or both parents, by any
other party or source, or from the marital estate or the child's separate
estate.
The court may not order payment by the Illinois Department of Public Aid
in cases in which the Department is providing child support
enforcement services
under Article X of the Illinois Public Aid Code. Unless otherwise ordered by
the
court at the time fees and costs are
approved, all fees and costs payable to an attorney, guardian ad litem, or
child's representative under this Section are by implication deemed to be in
the nature of support of the child and are within the exceptions to discharge
in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of
this Act shall apply to fees and costs for attorneys appointed under this
Section.
(b) Upon the request of a mother or child seeking to establish the
existence of a father and child relationship, the State's Attorney shall
represent the mother or child in the trial court. If the child is an
applicant for or a recipient of assistance as defined in Section 2‑6 of
"The Illinois Public Aid Code", approved April 11, 1967, as amended, or has
applied to the Illinois Department of Public Aid for services under Article
X of such Code, the Department may file a complaint in the child's behalf
under this Act. The Department shall refer the complaint to the Public Aid
Claims Enforcement Division of the Office of the Attorney General as
provided in Section 12‑16 of "The Illinois Public Aid Code" for enforcement
by the Attorney General. Legal representation by the State's Attorney or
the Attorney General shall be limited to the establishment and enforcement
of an order for support, and shall not extend to visitation, custody,
property or other matters. If visitation, custody, property or other
matters are raised by a party and considered by the court in any proceeding
under this Act, the court shall provide a continuance sufficient to enable
the mother or child to obtain representation for such matters.
(c) The Court may appoint counsel to
represent any
indigent defendant in the
trial court, except that this representation shall be limited to the
establishment of a parent and child relationship and an order for support,
and shall not extend to visitation, custody, property, enforcement of an
order for support, or other matters. If visitation, custody, property
or other matters are raised by a party and considered by the court in any
proceeding under this Act, the court shall provide a continuance sufficient
to enable the defendant to obtain representation for such matters.
(d) The court shall furnish on request of any indigent party a
transcript for purposes of appeal.
(Source: P.A. 91‑410, eff. 1‑1‑00; 92‑590, eff. 7‑1‑02.)
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(750 ILCS 45/19) (from Ch. 40, par. 2519)
Sec. 19.
Action to Declare Mother and Child Relationship.
Any interested
party may bring an action to determine the existence or non‑existence of
a mother and child relationship. Insofar as practicable, the provisions
of this Act applicable to the father and child relationship shall apply to
the mother and child relationship, including, but not limited to the
obligation to support.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/20) (from Ch. 40, par. 2520)
Sec. 20.
Withholding of Income to Secure Payment of Support.
Orders for support entered under this Act are subject to the Income
Withholding for Support Act.
(Source: P.A. 90‑18, eff. 7‑1‑97; 90‑425, eff. 8‑15‑97; 90‑655, eff.
7‑30‑98; 90‑673, eff. 1‑1‑99; 90‑790, eff. 8‑14‑98; 91‑357, eff. 7‑29‑99.)
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(750 ILCS 45/20.5)
Sec. 20.5.
Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for support" have the
meanings attributed to those terms in the Income Withholding for Support Act.
"Consumer reporting agency" has the meaning attributed to that term in
Section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds that an obligor either
owes an arrearage of more than $10,000 or is delinquent in payment of an amount
equal to at least 3 months' support obligation pursuant to an order for
support, the court shall direct the clerk of the court to make information
concerning the obligor available to consumer reporting agencies.
(c) Whenever a court of competent jurisdiction finds that an obligor either
owes an arrearage of more than $10,000 or is delinquent in payment of an amount
equal to at least 3 months' support obligation pursuant to an order for
support, the court shall direct the clerk of the court to cause the obligor's
name and address to be published in a newspaper of general circulation in the
area in which the obligor resides. The clerk shall cause the obligor's name
and address to be published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt requested, a notice of
intent to publish the information. This subsection (c) applies only if the
obligor resides in the county in which the clerk of the court holds office.
(Source: P.A. 90‑466, eff. 1‑1‑98; 90‑673, eff. 1‑1‑99.)
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(750 ILCS 45/21.1)
Sec. 21.1.
Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those terms as
defined in the Income Withholding for Support Act, except that "order for
support" shall not mean orders providing for spousal maintenance under which
there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the contrary, each
order
for
support entered or modified on or after October 1, 1999 shall require that
support
payments be made to the State Disbursement Unit established under Section 10‑26
of the
Illinois Public Aid Code if:
(1) a party to the order is receiving child support | ||
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(2) no party to the order is receiving child support | ||
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(c) Support payments shall be
made to the State
Disbursement Unit if:
(1) the order for support was entered before October | ||
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(2) no party to the order is receiving child support | ||
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(c‑5) If no party to the order is receiving child support
enforcement services under Article X of the Illinois Public Aid Code, and
the support
payments are not made through income withholding, then support payments shall
be made as directed by the order for support.
(c‑10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Public Aid may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State | ||
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(A) a party to the order for support is | ||
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(B) no party to the order for support is | ||
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(2) to make support payments to the State | ||
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The Department of Public Aid shall provide a copy of the notice to the
obligee
and to the clerk of the circuit court.
(c‑15) Within 15 days after the effective date of this amendatory Act of the
91st General
Assembly, the clerk of the circuit court shall provide written notice to the
obligor to directly to the clerk of the circuit court if no party to the order
is receiving child
support enforcement services under Article X of the Illinois Public Aid
Code, the support
payments are not made through income withholding, and the order for
support requires support payments to be made directly to the clerk of the
circuit court. The clerk shall provide a copy of the notice to the
obligee.
(c‑20) If the State Disbursement Unit receives a support payment that was
not
appropriately
made to the Unit under this Section, the Unit shall immediately return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c‑10) and
(c‑15) may be sent by ordinary mail,
certified mail, return receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or payor using any method
provided by law for service of a summons.
(Source: P.A. 91‑212, eff. 7‑20‑99; 91‑677, eff. 1‑5‑00; 92‑590, eff. 7‑1‑02.)
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(750 ILCS 45/22) (from Ch. 40, par. 2522)
Sec. 22.
In all cases instituted by the Illinois Department of Public
Aid on behalf of a child or spouse, other than one receiving a grant of
financial aid under Article IV of The Illinois Public Aid Code, on whose
behalf an application has been made and approved for child support
enforcement services as
provided by Section 10‑1 of that Code, the court shall impose a collection
fee on the individual who owes a child or spouse support obligation in an
amount equal to 10% of the amount so owed as long as such collection is
required by federal law, which fee shall be in addition to the support
obligation. The imposition of such fee shall be in accordance with
provisions of Title IV, Part D, of the Social Security Act and regulations
duly promulgated thereunder. The fee shall be payable to the clerk of the
circuit court for transmittal to the Illinois Department of Public Aid and
shall continue until support services are terminated by that Department.
(Source: P.A. 92‑590, eff. 7‑1‑02.)
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(750 ILCS 45/23) (from Ch. 40, par. 2523)
Sec. 23.
Notice to Clerk of Circuit Court of Payment Received by
Illinois Department of Public Aid for Recording. For those cases in which
support is payable to the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court, and the Illinois
Department of Public Aid collects support by assignment offset, withhold,
deduction or other process permitted by law, the Illinois Department of
Public Aid shall notify the clerk of the date and amount of such
collection. Upon notification, the clerk shall record the collection on the
payment record for the case.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/25) (from Ch. 40, par. 2525)
Sec. 25.
Except as provided in Section 8 of this Act, the repeal of
the "Paternity Act", approved July 5, 1957, as amended, shall not affect
rights or liabilities which have accrued thereunder and which have been
determined, settled or adjudicated prior to the effective date of this Act
or which are the subject of proceedings pending thereunder on such
effective date. Provided further, this Act shall not be construed to bar
an action which would have been barred because the action had not been
filed within the then applicable time limitation, or which could not have
been maintained under the "Paternity Act," approved July 5, 1957 and
repealed hereunder, as long as the limitations periods set forth in Section
8 of this Act are complied with.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/26) (from Ch. 40, par. 2526)
Sec. 26.
If any provision of this Act or the application thereof to
any person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of the Act which can be given effect without
the invalid provision or application, and to this end the provisions of this
Act are severable.
(Source: P.A. 83‑1372.)
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(750 ILCS 45/27)
Sec. 27.
Other states' establishments of paternity.
Establishments of
paternity made under the laws of other states shall be given full faith and
credit in this State regardless of whether paternity was established through
voluntary acknowledgment, tests to determine inherited characteristics, or
judicial or administrative processes.
(Source: P.A. 90‑18, eff. 7‑1‑97.)
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