Illinois Compiled Statutes 750 ILCS 22/307 – Duties of support enforcement agency
Current as of: 2024 | Check for updates
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(a) In a proceeding under this Act, a support enforcement agency of this State, upon request:
(1) shall provide services to a petitioner residing
(1) shall provide services to a petitioner residing
in a state;
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(2) shall provide services to a petitioner requesting
services through a central authority of a foreign country as described in Section 102(5)(A) or (D); and
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(3) may provide services to a petitioner who is an
individual not residing in a state.
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This subsection does not affect any ability the support enforcement agency may have to require an application for services, charge fees, or recover costs in accordance with federal or State law and regulations.
(b) A support enforcement agency of this State that is providing services to the petitioner shall:
(1) take all steps necessary to enable an appropriate
Terms Used In Illinois Compiled Statutes 750 ILCS 22/307
- Fiduciary: A trustee, executor, or administrator.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(b) A support enforcement agency of this State that is providing services to the petitioner shall:
(1) take all steps necessary to enable an appropriate
tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent;
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(2) request an appropriate tribunal to set a date,
time, and place for a hearing;
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(3) make a reasonable effort to obtain all relevant
information, including information as to income and property of the parties;
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(4) within five days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
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(5) within five days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
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(6) notify the petitioner if jurisdiction over the
respondent cannot be obtained.
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(c) A support enforcement agency of this State that requests registration of a child-support order in this State for enforcement or for modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the
(1) to ensure that the order to be registered is the
controlling order; or
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(2) if two or more child-support orders exist and the
identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
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(d) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 319.
(f) This Act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
(e) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 319.
(f) This Act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.