The appearance Violates the federal code state laws do not rule over federal codes

January 1, 2014 § Leave a comment

Short Description:  PUB AID-ADMIN SUPPORT ORDERS

Senate Sponsors
Sen. Dan Kotowski

House Sponsors
(Rep. Arthur Turner )

Last Action

Date Chamber  Action
  8/27/2013 Senate Public Act . . . . . . . . . 98-0563

Statutes Amended In Order of Appearance

305 ILCS 5/10-15.1

Synopsis As Introduced
Amends the Illinois Public Aid Code. In a provision concerning judicial registration of administrative support orders, provides that every notice of registration must be accompanied by a copy of the registered administrative support order and the documents and relevant information accompanying the order. Requires the registering party to serve notice of the registration on the other party by first class mail, unless the administrative support order was entered by default or the registering party is also seeking an affirmative remedy. Provides that the registering party shall serve notice on the Department of Healthcare and Family Services in all cases by first class mail. Provides that (i) if the administrative support order was entered by default against the obligor, the obligor must be served with the registration by any method provided by law for service of summons and (ii) if a petition or comparable pleading seeking an affirmative remedy is filed with the registration, the non-moving party must be served with the registration and the affirmative pleading by any method provided by law for service of summons. Removes language permitting a petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State to be filed at the same time as the request for registration or later. Removes language that requires the clerk of the circuit court to notify the nonregistering party and the Department when an administrative support order is registered, unless the Department is requesting registration of its order. Effective immediately.

House Committee Amendment No. 2

Adds reference to:
305 ILCS 5/10-16.5
735 ILCS 5/12-109 from Ch. 110, par. 12-109

Further amends the Illinois Public Aid Code. Provides that in cases in which IV-D services are being provided, the Department shall provide, by rule, for a one-time notice to obligees advising the obligee that he or she must notify the Department within 60 days that he or she wishes to have the Department compute any interest that accrued on a specific docket in his or her case between May 1, 1987 and December 31, 2005; and that if the obligee fails to notify the Department within the 60-day period, (i) the Department shall have no further duty to enforce and collect interest accrued on support obligations established under this Code or under any other law that are owed to the obligee prior to January 1, 2006; and (ii) any interest due on that docket prior to 2006 may be pursued by the obligee through a court action, but not through the Department’s IV-D agency. Amends the Code of Civil Procedure. Provides that interest on child support obligations may be collected by any means available under State law for the collection of child support judgments (rather than under federal and State laws, rules, and regulations providing for the collection of child support).

Actions

Date Chamber  Action
  2/5/2013 Senate Filed with Secretary by Sen. Dan Kotowski
  2/5/2013 Senate First Reading
  2/5/2013 Senate Referred to Assignments
  2/14/2013 Senate Assigned to Judiciary
  2/27/2013 Senate Do Pass Judiciary; 012-000-000
  2/27/2013 Senate Placed on Calendar Order of 2nd Reading February 28, 2013
  2/28/2013 Senate Second Reading
  2/28/2013 Senate Placed on Calendar Order of 3rd Reading March 1, 2013
  3/13/2013 Senate Third Reading – Passed; 056-000-000
  3/13/2013 House Arrived in House
  3/13/2013 House Chief House Sponsor Rep. Arthur Turner
  3/13/2013 House First Reading
  3/13/2013 House Referred to Rules Committee
  4/8/2013 House Assigned to Judiciary
  5/1/2013 House House Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
  5/1/2013 House House Committee Amendment No. 1 Referred to Rules Committee
  5/10/2013 House Rule 19(a) / Re-referred to Rules Committee
  5/14/2013 House Final Action Deadline Extended-9(b) May 24, 2013
  5/14/2013 House Assigned to Judiciary
  5/15/2013 House House Committee Amendment No. 2 Filed with Clerk by Rep. Arthur Turner
  5/15/2013 House House Committee Amendment No. 2 Referred to Rules Committee
  5/16/2013 House House Committee Amendment No. 2 Rules Refers to Judiciary
  5/20/2013 House House Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote
  5/20/2013 House Do Pass as Amended / Short Debate Judiciary; 012-000-000
  5/21/2013 House House Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/21/2013 House Placed on Calendar 2nd Reading – Short Debate
  5/22/2013 House Second Reading – Short Debate
  5/22/2013 House Placed on Calendar Order of 3rd Reading – Short Debate
  5/23/2013 House Third Reading – Short Debate – Passed 088-025-000
  5/23/2013 Senate Secretary’s Desk – Concurrence House Amendment(s) 2
  5/23/2013 Senate Placed on Calendar Order of Concurrence House Amendment(s) 2 – May 24, 2013
  5/24/2013 Senate House Committee Amendment No. 2 Motion to Concur Filed with SecretarySen. Dan Kotowski
  5/24/2013 Senate House Committee Amendment No. 2 Motion to Concur Referred toAssignments
  5/28/2013 Senate House Committee Amendment No. 2 Motion to Concur Assignments Referred to Judiciary
  5/29/2013 Senate House Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000
  5/30/2013 Senate House Committee Amendment No. 2 Senate Concurs 058-000-000
  5/30/2013 Senate Passed Both Houses
  6/28/2013 Senate Sent to the Governor
  8/27/2013 Senate Governor Approved
  8/27/2013 Senate Effective Date August 27, 2013
  8/27/2013 Senate Public Act . . . . . . . . . 98-0563

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