(750 ILCS 22/Art. 1 heading)
ARTICLE 1.
GENERAL PROVISIONS
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(750 ILCS 22/100)
(now 750 ILCS 22/101)
Sec. 100.
(Renumbered).
(Source: Renumbered by P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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(750 ILCS 22/101) (was 750 ILCS 22/100)
Sec. 101.
Short title.
This Act may be cited as the Uniform
Interstate Family Support Act.
(Source: P.A. 93-479, eff. 1-1-04,
operative 7-1-04 .)
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(750 ILCS 22/102) (was 750 ILCS 22/101)
Sec. 102.
Definitions.
In this Act:
"Child" means an individual, whether over or under the
age of 18, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of a
support order directed to the parent.
"Child-support order" means a support order for a child,
including a child who has attained the age of 18.
"Duty of support" means an obligation imposed or imposable
by law to provide support for a child, spouse, or former
spouse including an unsatisfied obligation to provide support.
"Home state" means the state in which a child lived with a
parent or a person acting as parent for at least 6 consecutive months
immediately preceding the time of filing of a petition or comparable
pleading for support, and if a child is less than 6 months old, the state
in which the child lived from birth with any of them. A period of
temporary absence of any of them is counted as part of the 6-month or
other period.
"Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to withholding for
support under the law of this State.
"Income-withholding order" means an order or other legal
process directed to an obligor's employer or other debtor, as
defined by the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Non-Support Punishment Act
the Illinois Public Aid Code, and the Illinois Parentage Act of 1984, to
withhold support from the income of the obligor.
"Initiating state" means a state from which a proceeding is
forwarded or in which a proceeding is filed for forwarding to a responding
state under this Act or a law or procedure substantially similar to this Act.
"Initiating tribunal" means the authorized tribunal in an
initiating state.
"Issuing state" means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
"Issuing tribunal" means the tribunal that issues a support
order or renders a judgment determining parentage.
"Obligee" means:
(A) an individual to whom a duty of support is or is
| | alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
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(B) a state or political subdivision to which the
| | rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
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(C) an individual seeking a judgment determining
| | parentage of the individual's child.
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"Obligor" means an individual, or the estate of a decedent:
(i) who owes or is alleged to owe a duty of
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(ii) who is alleged but has not been adjudicated
| | to be a parent of a child; or
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(iii) who is liable under a support order.
"Person means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government,
governmental subdivision, agency, instrumentality, public corporation, or any
other legal or commercial entity.
"Record" means information that is inscribed on a tangible medium or that
is stored in an electronic or other medium and is retrievable in perceivable
form.
"Register" means to record a support order or judgment determining parentage
in the appropriate Registry of Foreign Support Orders.
"Registering tribunal" means a tribunal in which a support
order is registered.
"Responding state" means a state in which a proceeding is filed or to
which a proceeding is forwarded for filing from an initiating state under
this Act or a law or procedure substantially similar to this Act.
"Responding tribunal" means the authorized tribunal in a responding state.
"Spousal-support order" means a support order for a spouse
or former spouse of the obligor.
"State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States. The term includes:
(A) an Indian tribe; and
(B) a foreign country or political subdivision that:
(i) has been declared to be a foreign
| | reciprocating country or political subdivision under federal law;
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(ii) has established a reciprocal arrangement for
| | child support with this State as provided in Section 308; or
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(iii) has enacted a law or established procedures
| | for issuance and enforcement of support orders which are substantially similar to the procedures under this Act.
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"Support enforcement agency" means a public official or
agency authorized to seek:
(A) enforcement of support orders or laws relating to
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(B) establishment or modification of child support;
(C) determination of parentage;
(D) to locate obligors or their assets; or
(E) determination of the controlling child support
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"Support order" means a judgment, decree, order, or directive, whether
temporary, final, or subject to modification, issued by a tribunal for the
benefit of a child, a spouse, or a former spouse, which provides for monetary
support, health care, arrearages, or reimbursement, and may include related
costs and fees, interest, income withholding, attorney's fees, and other
relief.
"Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage.
(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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(750 ILCS 22/103) (was 750 ILCS 22/102)
Sec. 103. Tribunal of State. The circuit court is a tribunal of this
State. The Department of Healthcare and Family Services is an initiating tribunal. The
Department of Healthcare and Family Services is also a responding tribunal of this State
to the extent that it can administratively establish paternity and establish,
modify, and enforce an administrative child-support order under authority of
Article X of the Illinois Public Aid Code.
(Source: P.A. 95-331, eff. 8-21-07.)
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(750 ILCS 22/104) (was 750 ILCS 22/103)
Sec. 104.
Remedies cumulative.
(a) Remedies provided by this Act are cumulative and do not affect the
availability of remedies under other law, including the recognition of a
support order of a foreign country or political subdivision on the basis of
comity.
(b) This Act does not:
(1) provide the exclusive method of establishing or
| | enforcing a support order under the law of this State; or
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(2) grant a tribunal of this State jurisdiction to
| | render judgment or issue an order relating to child custody or visitation in a proceeding under this Act.
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(Source: P.A. 93-479, eff. 1-1-04, operative 7-1-04 .)
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