Illinois Compiled Statutes 750 ILCS 22/607 – Contest of registration or enforcement
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(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction
(1) the issuing tribunal lacked personal jurisdiction
over the contesting party;
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(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or
Terms Used In Illinois Compiled Statutes 750 ILCS 22/607
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- 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
- Statute: A law passed by a legislature.
(3) the order has been vacated, suspended, or
modified by a later order;
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(4) the issuing tribunal has stayed the order pending
appeal;
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(5) there is a defense under the law of this State to
the remedy sought;
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(6) full or partial payment has been made;
(7) the statute of limitation under Section 604
(7) the statute of limitation under Section 604
precludes enforcement of some or all of the alleged arrearages; or
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(8) the alleged controlling order is not the
controlling order.
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(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.