HOW TO MINIMIZE CHILD SUPPORT

by

RONALD L. ISAACS, J.D.

Attorney at Law

[email protected]
[email protected]

COPYRIGHT 2007
may not be uploaded or downloaded
 10325 WINTERHUE DR.
BATON ROUGE, LA. 70810

tele 225 766 0707

 TRUE HORROR STORIES

James has never been to Pennsylvania; he is served a summons to

appear in his local county court. The local States Attorney is pursuing an

order to collect child support from James based on a Pennsylvania order

saying they have determined he owes his ex thousands of dollars of child

support based on a hearing in Pennsylvania that James knew nothing

about!

John has always paid his child support on time. His ex is not on

welfare and makes $32,000 a year. John is served with a summons to

appear from the local States Attorney. He is advised that he is one of

several randomly picked fathers whom the state is pursing to increase

child support, even though no welfare is being paid to his ex-wife. The

States Attorney only has legal authority to represent women who are

receiving state aid, but states that since they are representing the ex for

free, she is receiving state aid, so they can represent her under their new

guidelines! CATCH 22!! Evidently the government is pursuing fathers who

are already paying their child support because it is easier to collect from

them than from deadbeat dads!

STATISTICS
The U.S. Census Bureau has reported that fathers with joint custody pay
90.2% of all child support ordered; fathers with limited visitation rights
pay 79.1%; and 44.5% of those fathers with NO visitation rights still
financially support their children.

30% of custodial mothers not receiving child support have never asked for
or do not want child support.

25% of custodial mothers do not receive child support because the father is
unable to pay.

20 % of custodial mothers not receiving child support have made other

financial arrangements with the father.

11% of custodial mothers not receiving child support do not have a child
support order.

Of ten million custodial mothers only 7% (one out of fourteen) do not

receive child support because of a deadbeat dad.

* 63% of youth suicides are from fatherless homes

(Source: U.S. D.H.K.S., Bureau of the Census)
* 90% of all homeless and runaway children are from fatherless homes
(Source: U.S- D.H.H.S., Bureau of the Census)
*85% of all children that exhibit behavioral disorders come from fatherless
homes
(Source: Center for Disease Control)
*80% of rapists motivated with displaced anger come from fatherless homes
 (Source: Criminal Justice & Behavior, Vol 14, p- 403-26, 1978

*71% of all high school dropouts come from fatherless homes

(Source: National Principals Association Report on the State of High
schools)
*75% of all adolescent patients in chemical abuse centers come from
fatherless homes
(Source: Rainbows for all Gods children.)
*70% of juveniles in state-operated institutions come from fatherless homes
(Source: U.S. Dept. of justice, special Report, Sept 1988)
These statistics translate to mean that children from a fatherless home are:
*5 times more likely to commit suicide.
*32 times more likely to run away.
*20 times more likely to have behavioral disorders.
*14 times more likely to commit rape
*9 times more likely to drop out of high school.
*10 times more likely to abuse chemical substances.
*9 times more likely to end up in a state-operated institution.
*20 times more like to end up in prison.
 TABLE OF CONTENTS

1. Waste of Child Support Money page 7

2. Lowering Your Income/Child Support 8
a) Commissions
b) Rent
c) Shifting Income to Spouses
3. Reducing Child Support with SSI 10
4. Modification of Child Support 10
5. Safeguarding Your Assets 22
6. Safeguarding Your Spouses Assets 23
7. Proving Payment 23
8. Preventing Seizure of Your Tax Refund 24
9. Fighting Out-of-State Orders 24
a) Jurisdiction of the out-of-state court
b) Service of summons to you
c) Defenses to collection acts
10. The Discovery Process 25
a) Depositions
b) Interrogatories
c) Requests to Admit
d) Requests to Produce
11. Unwed fathers support 26
12. Withholding orders 27
12. Summary 28
Appendix 29
Federal Enforcement of Child Support Collection(recommended tactics to
collect)
Uniform Enforcement Act
Sample Court forms:
A) Motion to dismiss petition to increase support
B)Brief on defenses to interstate collection of child support
C)Petition to lower support
D)Interrogatories (discovery questions) to your ex
E)Request to Produce Documents(to ex)

WASTE OF CHILD SUPPORT MONEY

No one denies that a father has a duty to support his children.

However, laws pushed onto timid legislators by militant feminists have
created an atmosphere of coercion requiring the father to pay child support
without any requirement for the mother to account for how the child
support money is spent and without protecting the fathers visitation rights.

If the legislators continue to refuse to provide accountability for

spending of child support money or to enforce visitation rights, there is no
alternative left to fathers except to minimize or avoid (to the extent legally
possible) payment of unreasonable child support.
 By keeping the ordered child support paid to an ex spouse to a
minimum, the paying spouse can make direct purchases of food, clothing
and services for his children and for his children alone. This is the only way
fathers currently can be sure their money is being spent on their children.

Drug abuse is a growing phenomenon among single parents.

Increasing amounts of child support money are being spent on drugs while
children go hungry. This problem will only worsen until legislators step in
to protect the children from wasting of child support.

Often, child support pays payments on an extravagant house or cars,

yet the children own no equity in the property purchased with child
support money. This must be changed! If child support is paying for
property, the childrens names should be on the deed to the house or title
to the car!

Child support money is often used to pay lawyers for litigation to

reduce the fathers visitation or involvement with his child. The childs
money is being spent to adversely affect the childs best interests, which is
usually defined to be the maximum involvement of both parents in the
childs life. Judges should be ever alert for this abuse and waste of childrens
assets.

The solution to these problems is legal consistency. Current law states

that when a guardian for a mentally incompetent person is appointed, that
guardian must file a yearly report with the Court detailing how every dime
is spent and extraordinary expenses must be approved before the money is
spent. The money is held in trust for the disabled person. Child support
should also be considered held in trust for use only to benefit the children,
not the ex spouse, and a regular accounting to a court of money spent is a
reasonable method of protecting childrens welfare.

Since it is unlikely that legislators will have the guts to stand up to

the organized militant feminists, it is incumbent on the person paying
support to minimize the money he must pay directly to the ex. This book
will explore ways to minimize these payments.

LOWERING YOUR INCOME

All child support awards are based on income. Some states start with
gross, some with net after taxes and allowed adjustments. The best way to
lower your child support is to lower your income by one or more of the
following methods:

a) Income shifting.
1. If you are a commission salesman, ask your boss if your
wife could have a sales contract and help with sales. This opens many
opportunities and possibilities to shift income to a spouse who actually
participates in the sale.

2. If you are self-employed, consider putting your kids on

the payroll for odd jobs or your new spouse as a manager. Pay your spouse
well, the same as you would have to pay any other employee. The salaries
paid lower your net income and thus, child support!

b) Let your spouse do the saving

 Spend your income and let your new spouse save hers and put
the earned interest into her separate bank accounts. In some states, this
wont work unless you have a pre-nuptial agreement signed before your
marriage!

c) Rent from your spouse

Consider renting your home office space, shop, vehicles or
equipment from your new spouse or your parents. This give you the
additional benefit that rental income is not subject to social security taxes,
saving about 20% of your earnings and, of course, you can pay a reasonable
amount of rent on the property!

d) Barter
Trade services with your mechanic, barber, lawyer. Of course,
you still have the legal obligation to report such benefits as taxable income.

e) Defer income, accelerate deductions

When possible, defer increases of income or commission receipts
until after any determination of support and use Section 179 of the IRS
Code to the maximum extent possible to lower your income immediately
(deductions for business equipment purchases). See your accountant about
paying with a charge card to get the full deduction immediately plus
increasing your monthly debt (lowers your income).

f) Tell your boss you would prefer fringe benefit increases over
raises in pay!

g) Use one charge card to pay for all medical expenses not covered
by insurance and essentials bought for the children and pay the bill off
monthly until child support litigation is over. This will normally be allowed
to reduce your monthly income when computing child support percentage
based awards.

REDUCING CHILD SUPPORT WITH SSI

If your children are disabled and eligible for SSI (even just with
learning or attention problems), your child support may be reduced by the
amount of SSI payments. These payments are often very substantial and
can in many cases wipe out the child support obligation completely.

MODIFICATION OF CHILD SUPPORT

If your income drops, petition to modify (lower) your child support

immediately. (See appendix for Petition to Modify.)

You will be held liable for the unmodified level when your ex goes after
you for back child support later, after your income increases, if you dont
have a court order lowering your support.

A verbal or written agreement between you and your ex is worthless.

Only a judge can agree to lower your support, because only he protects the
childs right to child support. Since child support is the childs, not your
exs, she cannot agree to lower your support. She can agree to a stipulated
order (see appendix form B) for a judge to sign, lowering your support.

CHILD SUPPORT GUIDELINES

 States vary widely as to child support formulas. The following
statutes from Illinois, Indiana, California and New York are typical.

<ILLINOIS>

Number of Children Percent of Supporting Party's

Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%

<CALIFORNIA>

The statewide uniform guideline for determining child

support orders is as follows: CS = K (HN - (H%) (TN)).
(b) (1) The components of the formula are as follows:
(A) CS = child support amount.
(B) K = amount of both parents' income to be allocated for child
support as set forth in paragraph (3).
(C) HN = high earner's net monthly disposable income.
(D) H% = approximate percentage of time that the high earner has
or will have primary physical responsibility for the children
compared to the other parent. In cases in which parents have
different time-sharing arrangements for different children, H% equals
the average of the approximate percentages of time the high earner
parent spends with each child.
(E) TN = total net monthly disposable income of both parties.
(2) To compute net disposable income, see Section 4059.
(3) K (amount of both parents' income allocated for child support)
equals one plus H% (if H% is less than or equal to 50 percent) or
two minus H% (if H% is greater than 50 percent) times the following

fraction:

Total Net Disposable

Income Per Month K
$0-800 0.20 + TN/16,000
$801-6,666 0.25
$6,667-10,000 0.10 + 1,000/TN
Over $10,000 0.12 + 800/TN

For example, if H% equals 20 percent and the total monthly net

disposable income of the parents is $1,000, K = (1 + 0.20) X 0.25, or
0.30. If H% equals 80 percent and the total monthly net disposable
income of the parents is $1,000, K = (2 - 0.80) X 0.25, or 0.30.
(4) For more than one child, multiply CS by:

2 children 1.6
3 children 2
4 children 2.3
5 children 2.5
6 children 2.625
7 children 2.75
 8 children 2.813
9 children 2.844
10 children 2.86

(5) If the amount calculated under the formula results in a

positive number, the higher earner shall pay that amount to the lower
earner. If the amount calculated under the formula results in a
negative number, the lower earner shall pay the absolute value of
that amount to the higher earner.
(6) In any default proceeding where proof is by affidavit pursuant

to Section 2336, or in any proceeding for child support in which a

party fails to appear after being duly noticed, H% shall be set at

zero in the formula if the noncustodial parent is the higher earner
or at 100 if the custodial parent is the higher earner, where there
is no evidence presented demonstrating the percentage of time that
the noncustodial parent has primary physical responsibility for the
children.
(7) In all cases in which the net disposable income per month of
the obligor is less than one thousand dollars ($1,000), the court
shall rule on whether a low-income adjustment shall be made. The
ruling shall be based on the facts presented to the court, the
principles provided in Section 4053, and the impact of the
contemplated adjustment on the respective net incomes of the obligor
and the obligee. Where the court has ruled that a low-income
adjustment shall be made, the child support amount otherwise
determined under this section shall be reduced by an amount that is
no greater than the amount calculated by multiplying the child
support amount otherwise determined under this section by a fraction,
the numerator of which is 1,000 minus the obligor's net disposable
income per month, and the denominator of which is 1,000. If a
low-income adjustment is allowed, the court shall state the reasons
supporting the adjustment in writing or on the record and shall
document the amount of the adjustment and the underlying facts and
circumstances.
(8) Unless the court orders otherwise, the order for child support
shall allocate the support amount so that the amount of support for
the youngest child is the amount of support for one child, and the
amount for the next youngest child is the difference between that
amount and the amount for two children, with similar allocations for
additional children. However, this paragraph does not apply to cases
where there are different time-sharing arrangements for different

children or where the court determines that the allocation would be

inappropriate in the particular case.

(c) In the event a court uses a computer to calculate the child
support order, the computer program shall not automatically default
affirmatively or negatively on whether a low-income adjustment is to
be applied. If the low-income adjustment is applied, the computer
program shall not provide the amount of the low-income adjustment.
Instead, the computer program shall ask the user whether or not to
apply the low-income adjustment, and if answered affirmatively, the
computer program shall provide the range of the adjustment permitted
by paragraph (7) of subdivision (b).

<INDIANA>
(a) In an action pursuant to section 3(a), 3(b), or 3(c) of this chapter, the
court may order either parent or both parents to pay any amount
reasonable for support of a child, without
regard to marital misconduct, after considering all relevant factors
including:
(1) the financial resources of the custodial parent;
(2) the standard of living the child would have enjoyed had the marriage
not been dissolved or had the separation not been ordered;
(3) the physical or mental condition of the child and the child's educational
needs; and
(4) the financial resources and needs of the noncustodial parent.
(b) The child support order may also include, where appropriate:

(1) sums for the child's education in elementary and secondary schools and
at institutions of higher learning, taking into account the child's aptitude
and ability and the ability of the parent or

parents to meet these expenses;

(2) special medical, hospital, or dental expenses necessary to serve the best
interests of the child; and
(3) fees mandated under Title IV-D of the federal Social Security Act.
(c) As part of the child support order the court may set apart such
portion of the property of either parent, or both parents, as may seem
necessary and proper for the support of the child.
(d) The duty to support a child under this chapter ceases when the child
reaches twenty-one (21) years of age unless:
(1) the child is emancipated prior to reaching twenty-one (21) years of
age in which case the child support, except for the educational needs
outlined in subsection (b)(1), terminates at the time of
emancipation; however, an order for educational needs may continue in
effect until further order of the court;
(2) the child is incapacitated in which case the child support continues
during the incapacity or until further order of the court; or
(3) the child:
(A) is at least eighteen (18) years of age;
(B) has not attended a secondary or postsecondary school for the prior four
(4) months and is not enrolled in such a school; and
(C) is or is capable of supporting himself through employment; in which case
the child support terminates upon the court's finding that the conditions
prescribed in this subdivision exist; however, if the court finds that the
conditions set forth in clauses (A) through (C) are met but that the child is
only partially supporting himself or capable of only partially supporting
himself, the court may order that support be modified instead of
terminated.
(e) For purposes of determining if a child is emancipated under subsection
(d)(1), if the court finds that the child:
(1) has joined the armed services;
(2) has married; or
(3) is not under the care or control of:

(A) either parent; or

(B) an individual or agency approved by the court; the court shall find the
child emancipated and terminate the child support.
(f) The court may, upon a request by the person or agency entitled to
receive child support payments, order interest charges of not more than
one and one-half percent (1 %) per month to be paid on any delinquent
child support payment. An application may be made by the
person or agency whenever support payments are not made in accordance
with the support order. Accrued interest charges may be collected in the
same manner as support payments under section 13 of this chapter.
(g) The obligation of a person to pay child support arrearage does not
terminate when the person's duty to support a child ceases under
subsection (d). The statutes applicable to the collection of child support
obligations are applicable to the collection of child support
arrearage described by this subsection.

<NEW YORK>

The Amount of the basic child support obligation shall be determined

in accordance with the provision of this paragraph:
(1) The court shall determine the combined parental income.
(2) The court shall multiply the combined parental income up to eighty
thousand dollars by the appropriate child support percentage and such
amount shall be prorated in the same proportion as each parent's income
is to the combined parental income.
(3) Where the combined parental income exceeds the dollar amount set
forth in subparagraph two of this paragraph, the court shall determine
the amount of child support for the amount of the combined parental
income in excess of such dollar amount through consideration of the
factors set forth in paragraph (f) of this subdivision and/or the child
support percentage.

(4) Where the custodial parent is working, or receiving elementary or

secondary education, or higher education or vocational training which
the court determines will lead to employment, and incurs child care
expenses as a result thereof, the court shall determine reasonable child

care expenses and such child care expenses, where incurred, shall be
prorated in the same proportion as each parent's income is to the
combined parental income. Each parent's pro rata share of the child care
expenses shall be separately stated and added to the sum of
subparagraphs two and three of this paragraph.
(5) The court shall prorate each parent's share of future reasonable
health care expenses of the child not covered by insurance in the same
proportion as each parent's income is to the combined parental income.
The non-custodial parent's pro rata share of such health care expenses
shall be paid in a manner determined by the court, including direct
payment to the health care provider.
(6) Where the court determines that the custodial parent is seeking
work and incurs child care expenses as a result thereof, the court may
determine reasonable child care expenses and may apportion the same
between the custodial and non-custodial parent. The non-custodial
parent's share of such expenses shall be separately stated and paid in a
manner determined by the court.
(7) Where the court determines, having regard for the circumstances of
the case and of the respective parties and in the best interests of the child,
and as justice requires, that the present or future provision of post-
secondary, private, special, or enriched education for the child is
appropriate, the court may award educational expenses. The non-custodial
parent shall pay educational expenses, as awarded, in a manner
determined by the court, including direct payment to the educational
provider.

(d) Notwithstanding the provisions of paragraph (c) of this

subdivision, where the annual amount of the basic child support
obligation would reduce the non-custodial parent's income below the
poverty income guidelines amount for a single person as reported by the
federal department of health and human services, the basic child support
obligation shall be twenty-five dollars per month or the difference
between the non-custodial parent's income and the self-support reserve,
whichever is greater. Notwithstanding the provisions of paragraph (c) of
this subdivision, where the annual amount of the basic child support
obligation would reduce the non-custodial parent's income below the
self-support reserve but not below the poverty income guidelines amount
for a single person as reported by the federal department of health and
human services, the basic child support obligation shall be fifty dollars
per month or the difference between the non-custodial parent's income
and the self-support reserve, whichever is greater.
(e) Where a parent is or may be entitled to receive non-recurring
payments from extraordinary sources not otherwise considered as income
pursuant to this section, including but not limited to:
(1) Life insurance policies;
(2) Discharges of indebtedness;
(3) Recovery of bad debts and delinquency amounts;
(4) Gifts and inheritances; and
(5) Lottery winnings, the court, in accordance with paragraphs (c),
(d) and (f) of this
subdivision may allocate a proportion of the same to child support, and
such amount shall be paid in a manner determined by the court.
(f) The court shall calculate the basic child support obligation, and the
non-custodial parent's pro rata share of the basic child support
obligation. Unless the court finds that the non-custodial parents's pro-
rata share of the basic child support obligation is unjust or
inappropriate, which finding shall be based upon consideration of the
following factors:

(1) The financial resources of the custodial and non-custodial parent, and
those of the child;

(2) The physical and emotional health of the child and his/her special
needs and aptitudes;
 (3) The standard of living the child would have enjoyed had the
marriage or household not been dissolved;
(4) The tax consequences to the parties;
(5) The non-monetary contributions that the parents will make toward
the care and well-being of the child;
(6) The educational needs of either parent;
(7) A determination that the gross income of one parent is
substantially less than the other parent's gross income;
(8) The needs of the children of the non-custodial parent for whom the
non-custodial parent is providing support who are not subject to the
instant action and whose support has not been deducted from income
pursuant to subclause (D) of clause (vii) of subparagraph five of
paragraph (b) of this subdivision, and the financial resources of any
person obligated to support such children, provided, however, that this
factor may apply only if the resources available to support such
children are less than the resources available to support the children who
are subject to the instant action;
(9) Provided that the child is not on public assistance (I)
extraordinary expenses incurred by the non-custodial parent in
exercising visitation, or (ii) expenses incurred by the non-custodial parent
in extended visitation provided that the custodial parent's
expenses are substantially reduced as a result thereof; and
(10) Any other factors the court determines are relevant in each case, the
court shall order the non-custodial parent to pay his or her pro rata
share of the basic child support obligation, and may order the non-
custodial parent to pay an amount pursuant to paragraph (e) of this
subdivision.

(g) Where the court finds that the non-custodial parent's pro rata
share of the basic child support obligation is unjust or inappropriate, the
court shall order the non-custodial parent to pay such amount of child
support as the court finds just and appropriate, and the court

shall set forth, in a written order, the factors it considered; the amount
of each party's pro rata share of the basic child support obligation;
and the reasons that the court did not order the basic child support
obligation. Such written order may not be waived by either party
or counsel; provided however, and notwithstanding any other provision of
law, including but not limited to section four hundred fifteen of this act,
the court shall not find that the non-custodial parent's pro rata share of
such obligation is unjust or inappropriate on the basis that such share
exceeds the portion of a public assistance grant which is attributable to a
child or children. In no instance shall the court order child support
below twenty-five dollars per month. Where the
non-custodial parent's income is less than or equal to the poverty
income guidelines amount for a single person as reported by the federal
department of health and human services, unpaid child support arrears in
excess of five hundred dollars shall not accrue.

(h) A validly executed agreement or stipulation voluntarily entered into

between the parties after the effective date of this subdivision presented
to the court for incorporation in an order or judgment shall include a
provision stating that the parties have been advised of the provisions of
this subdivision and that the basic child support obligation provided
for therein would presumptively result in the correct amount of child
support to be awarded. In the event that such agreement or stipulation
deviates from the basic child support obligation, the agreement or
stipulation must specify the amount that such basic child support obligation
would have been and the reason or reasons that such agreement or
stipulation does not provide for payment of that amount. Such provision
may not be waived by either party or counsel. Nothing contained in
this subdivision shall be construed to alter the rights of the parties to
voluntarily enter into validly executed agreements or stipulations which
deviate from the basic child support obligation provided such agreements
or stipulations comply with the provisions of this paragraph. The court
shall, however, retain discretion with respect to child support pursuant to
this section. Any court order or judgment incorporating a validly
executed agreement or stipulation which deviates from the basic child
support obligation shall set forth the court's reasons for such deviation.

(I) Where either or both parties are unrepresented, the court shall not
enter an order or judgment other than a temporary order pursuant to
section two hundred thirty-seven of this article, that includes a
provision for child support unless the unrepresented party or parties
have received a copy of the child support standards chart promulgated by
the commissioner of social services pursuant to subdivision two of
section one hundred eleven-I of the social services law. Where either
party is in receipt of child support enforcement services through the
local social services district, the local social services district child support
enforcement unit shall advise such party of the amount derived from
application of the child support percentage and that such amount serves
as a starting point for the determination of the child support award,
and shall provide such party with a copy of the child support standards
chart. In no instance shall the court approve any voluntary support
agreement or compromise that includes an amount for child support
less than twenty-five dollars per month.
(j) In addition to financial disclosure required in section four hundred
twenty-four-a of this article, the court may require that the income
and/or expenses of either party be verified with documentation including,
but not limited to, past and present income tax returns, employer
statements, pay stubs, corporate, business, or partnership books and
records, corporate and business tax returns, and receipts for expenses or
such other means of verification as the court determines appropriate.
Nothing herein shall affect any party's right to pursue discovery
pursuant to this chapter, the civil practice law and rules, or the family
court act.

(k) When a party has defaulted and/or the court is otherwise presented
with insufficient evidence to determine gross income, the court shall
order child support based upon the needs or standard of living of the
child, whichever is greater. Such order may be retroactively modified

upward, without a showing of change in circumstances.

(l) In any action or proceeding for modification of an order of child
support existing prior to the effective date of this paragraph, brought
pursuant to article four of this chapter, the child support standards set
forth in paragraphs (a) through (k) of this subdivision shall not
constitute grounds for modification of such support order; provided,
however, that where the circumstances warrant modification of such
order, or where an adjustment of a child support order is sought by the
support collection unit or either of the parties pursuant to subdivision
twelve of section one hundred eleven-h of the social services law, or
subdivision three of section four hundred thirteen of the family court act
or subdivision four of section two hundred forty of the domestic relations
law such standards shall apply. In applying such standards, when the
order to be modified incorporates by reference or merges with a validly
executed separation agreement or stipulation of settlement, the court
may consider, in addition to the factors set forth in paragraph (f) of this
subdivision, the provisions of such agreement or stipulation
concerning property distribution, distributive award and/or maintenance
in determining whether the amount calculated by using the standards
would be unjust or inappropriate.
 SAFEGUARDING YOUR ASSETS

If possible, dont own anything. Your new spouse or parents or

trusted advisor could own assets so that your ex will be discouraged from
going after them.

Explore possibilities of setting up corporations or trusts to hold

property. The trusts could be arranged to benefit your children. You must
seek competent legal advice in this area. It is NOT a do-it-yourself area of
law!

SAFEGUARDING YOUR SPOUSES ASSETS

Execute a pre-nuptial agreement before remarrying, keeping all assets

and income separate! Your spouses assets should be held completely
separate for yours, including bank accounts. One joint account could be
maintained to pay joint expenses, i.e. food, housing, etc., with each of you
contributing a set percentage of the expenses, usually 50/50. Keep this
account as low as possible. Do not commingle savings accounts, mutual
funds, etc. Once your money is commingled, it loses its identity and can be
considered all yours for attachment purposes.

PROVING CHILD SUPPORT PAYMENTS

Ensure that all of your child support payments be paid through the
circuit clerk of the court. The clerk maintains computerized records which
will prevent your ex from forgetting you paid support.

Invest in a one-write checking system that automatically creates a

carbon copy entry onto the check register. The SAFEGUARD system is one
of several available systems that works well. Keep track of all money spent
on your children with ledger entries. ALWAYS pay by check!

The one-write system will also provide you a simple way to prove how
you spend your money, an invaluable aid when litigating child support
awards and preparing budgets for the court. You should have a column
heading to correspond to each expense claimed on your financial
statement. (There is a sample statement in the appendix.)

Save every check you write for child support or for items you buy for
the children forever and keep a child support log on a monthly basis. Such
a log is available from the Fathers Rights Foundation.

PREVENTING SEIZURE OF YOUR TAX REFUND

If you are found to be behind in child support, you can count on your
tax refund being taken each year.
 The solution to this is to claim the maximum number of exemptions
allowable, so that you are not overpaying your taxes (the only reason for a
refund). See your employer to adjust your deductions. If you are self-
employed, calculate your quarterly payments more carefully so as to
eliminate overpayment without incurring underpayment penalties. Make
sure your spouse also takes the maximum exemptions if you are filing a joint
return!

FIGHTING OUT-OF-STATE SUPPORT ORDERS

If you are served with a notice from your local States Attorney or
agency attempting to collect an award of child support from out of state,
use the arguments in the brief in the Appendix. This process often causes
delays of up to years.

Also, dont forget, most agencies or States Attorneys cannot

represent one spouse on the issues of visitation or custody. The issue of child
support cannot be decided if the issue of custody is again raised. Custody
must be determined first! Consider filing for custody if your ex is neglecting
your children financially.

If your ex is going to cause you to incur attorney fees, you might as

well resolve all of your visitation and custody problems at the same court
hearings and force her to pay for her attorney! Always file a counter-
petition in response to any petition she files. The best defense is a good
offense.
 Most out-of-state orders can be negotiated with your local States
Attorney to a very low payment on any arrearage. These local assistant
States Attorneys or prosecutors are covered up with child support
collection cases and will readily agree to low payments just to clear a case
off the books. I have seen $25,000 in arrearage set for repayment at $10
per month, after the father insisted that the full discovery process described
in the following pages be completed before the hearing! Insist on your full
legal rights to contest custody and support. The Federal Government
encourages states to go after fathers by publishing collection hints. Some of
their recommended tactics are in the appendix. Read them and be
forewarned. It is of note that nowhere does the government give advice on
enforcing visitation despite statistics proving that when visitation is given,
support is usually paid.

DISCOVERY

If your ex is attempting to increase your child support, you have a

right to determine her financial condition through a process called
discovery. To litigate without discovery is almost malpractice per se.
Anyone claiming child support or trying to collect support must complete
the time-consuming and expensive discovery process described below! Of
course, it would be unethical to insist on discovery simply to harass your
opponent! Some discovery tools are:

a) Depositions
1) In a deposition, the party is put under oath and asked
questions to determine what they are going to say in court. Depositions are
expensive and time-consuming. You must pay attorneys and a court
reporter. Often, the costs of depositions deter a party from pursuing
claims.
 2) If you are deposed, here are some useful hints:
i) Pay attention to your physical appearance. It is
important that you make a good impression on the opposing counsel
and the opposing party. You should dress as if you were actually going to
court. You should be clean and wear clean, neat clothing.
ii) . Treat all persons in the deposition room with
respect. Do not be afraid of the lawyers.
iii) Speak slowly and clearly.
iv) Tell the truth. Do not try to figure out before you
answer whether a truthful answer will help or hinder your case. Many
questions you will be asked will not be admissible at trial, but the opposition
is entitled to an answer in order to help prepare its case. Many cases are
lost because a witness tries to hide something. Many of the questions
cannot be used in the trial unless you have not told the truth and your false
answers can be shown at the trial.
v) Never state anything as a fact that you do not
know. There is, however, a distinction between a guess and an honest
estimate.
vi) Do not volunteer any facts not requested.
vii) Do not try to memorize your testimony.

viii) Do not answer a question unless you have heard it

and clearly understand it. Ask for the question to be repeated, or if
necessary, for a moment to think.

ix) Answer all questions directly, giving concise answers

to the questions and STOP TALKING.
x) If your attorney begins to speak, stop whatever
answer you may be giving and allow him or her to make the statement.
xi) Do not let the opposing attorney get you angry or
excited.
 xii) Never joke in a deposition.
xiii) After the deposition is over, do not chat with the
opponent or her attorney.
b) Interrogatories
Interrogatories are written questions submitted to a party that
must be answered and returned. They are useful to keep the other party
from changing their story or surprising you in court. Sample
interrogatories are in the appendix to this book.
c) Requests to Admit
These are sent to your ex to narrow the issues so you dont have
to prove everything in court, saving a lot of time and legal fees!
d) Request to Produce
These force the other side to produce records you need in court
or records they intend to use against you.

UNWED FATHERS

Unwed fathers are often held liable for birth and maternity expenses
and usually held liable for payment of child support as if you were married.

Some states, however, have attempted to limit unwed fathers rights

while still requiring them to pay child support. It is imperative that as soon
as a child is born, the father file a petition to determine paternity to
establish future fathers rights, even if you are currently living with the
mother! Remember, there is no presumption that the mother will get
custody if you choose to seek custody!

WITHHOLDING ORDERS
 If child support is awarded, most states now require an order of
withholding be sent to your employer. Your employer will send the child
support automatically to the court clerk. If you are laid off and child
support is temporarily interrupted, you must either pay the payments
yourself or immediately file a Petition to Modify (Lower) Child Support.
You will be granted your petition, often with the family portion of any
unemployment benefits being designated as full child support. Of course,
you must pay that amount each month and keep detailed records and
receipts. The Fathers Rights Foundations Visitation and Support Log is a
useful tool for keeping these records handy for use in the courtroom.

If you dont get your child support lowered by the court, you can
count on having to pay all back payments up to date when you get back to
work! An agreement between you and your ex is meaningless. You must
have a written and signed court order lowering your support.

SUMMARY

The foregoing ideas, coupled with the documents in the appendix will
enable you to fight unreasonable demands by litigating the support question
to the same extent as any other issues litigated in court.

You are entitled to fully use the legal system and all of its procedures
and protections.

Your ex is using the system against you. You are entitled to use the
system safeguards and due process safeguards to oppose her in any ethical
way possible.
 By fighting awards in unreasonable child support, often given without
any accounting protection to make sure the money is spent on the children,
a father in this way can ensure that at least some of his money is spent
directly on his childrens best interests.

To prevail, however, you probably will need competent, aggressive,

legal counsel. If your ex has counsel and you dont, you will almost certainly
fail. However, just making litigation an unpleasant and expensive battle
may prevent the ex coming back the next time for more money!

ACF/OCSE Fact Sheet

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-----------

Office of Child Support Enforcement Program Description

-------------------------------------------------------------
-----------

The goal of the Child Support Enforcement (CSE) Program, which was
established in 1975 under Title IV-D of the Social Security Act, is to ensure
that children are financially supported by both their parents. Recent laws,
including the Family Support Act of 1988, provide for strong child support
enforcement measures to assure that parental responsibility is met.
The CSE program is usually run by state and local human services
departments, often with the help of prosecuting attorneys, other law
enforcement agencies, and officials of family or domestic relations courts.

Child Support Enforcement services are available automatically for families

receiving assistance under Aid to Families with Dependent Children (AFDC)
programs. A family receives up to the first $50 of any current child support
each month without a decrease in the AFDC payment. Any remainder
reimburses the state and federal governments for AFDC payments made to
the family. AFDC recipients must assign to the state any rights to support
that they or eligible children may have.

Child support services are also available to families not receiving AFDC who
apply for such services. Child support payments that are collected on behalf
of non-AFDC families are sent to the family. For these families, states must
charge an application fee of up to $25, but may pay such fee from state
funds. Some states may also charge for the cost of services rendered.

The most recent census data show that, in the Spring of 1992, 11.5 million
families with children had a parent living elsewhere. Custodial parent
families, 86 percent of which were headed by women and 14 percent
headed by men, comprised one third of all families with their own, never
married children under 21. Of the 11.5 million, only 6.2 million (54
percent) of the custodial parents had awards or agreements for child
support. Of the total $17.7 billion owed for child support in 1991, $5.8
billion was not paid. Among those due support, about half received the full
amount, about a quarter received partial payment and about a quarter
received nothing.
During FY 1994, about $10 billion in child support payments was collected
through the Program. Paternity was established for more than 590,000
children that year, clearing the way for the establishment of child support
orders and other vital links between the children and their non-custodial
parents.

There are four major services provided by the Child Support Enforcement
Program:

Locating Absent Parents

Establishing Paternity

Establishing Child Support Obligations

Enforcing Child Support Orders

Locating Absent Parents -- Child support enforcement officials use local

information and resources of State and Federal Parent Locator services to
locate parents for child support enforcement, or to find a parent in
parental kidnapping/custody disputes.

These resources include:

STATE: FEDERAL:
Motor Vehicles/Drivers Licenses Internal Revenue
Service
Employment/Unemployment Records Department of
Defense
State Income Tax Social Security
Administration
Public Assistance Records Veterans
Administration
Selective Service
System
Federal civilian
personnel records

About four million cases are processed annually by the Federal Parent
Locator Service. The FPLS provides an address in approximately 80 percent
of the cases submitted.

Establishing Paternity -- Establishing paternity (legally identifying a child's

father) is a necessary first step for obtaining an order for child support
when children are born out of wedlock. Establishing paternity also provides
access to:

Social security, pension and retirement benefits;

Health insurance and information; and

Interaction with members of both parents' families.

Many fathers voluntarily acknowledge paternity. Otherwise, father, mother,
and child can be required to submit to genetic tests. The results are highly
accurate. States must have procedures which allow paternity to be
established at least up to the child's eighteenth birthday.

Establishing Support Obligations -- States must have guidelines to establish

how much a parent should pay for child support. Support agency staff can
take child support cases to court, or to an administrative hearing process to
establish the order. Health insurance coverage can also be ordered.

Enforcing Child Support Orders -- A parent can be required to pay child

support by income withholding -- money held out of the paycheck by the
employer and sent to the child support office or court. Overdue child
support can be collected from federal and state income tax refunds. Liens
can be put on property, and the property itself may even be sold with the
proceeds used to pay child support arrearage. Unpaid child support can be
reported to credit bureaus so that a parent who owes child support may
have trouble making purchases on credit.

ACF/OCSE Fact Sheet

-------------------------------------------------------------
-----------

Child Support Enforcement Steps

-------------------------------------------------------------
-----------
The Child Support Enforcement (CSE) Program is a federal/state/local
effort to locate parents, their employers, and/or their assets; establish
paternity if necessary; and establish and enforce child support orders. State
and local CSE offices provide day to day operation of the program. The
federal role is to provide funding, issue policies, ensure that federal
requirements are met, and interact with other federal agencies that help
support the CSE program.
-------------------------------------------------------------
-----------
How and where do I apply?

In most states, CSE offices are listed under the human services agency in the
local government section of the telephone directory. If there is not a
separate listing, the human services agency information operator should be
able to give you the number. State CSE agencies are listed at the end of this
brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for
enforcement services and what documents (birth certificates, financial
statements, etc.) you should provide.

-------------------------------------------------------------
-----------
What are the steps to collecting support?
The first step, if a child was born out of wedlock, is to establish paternity -
or make a legal determination of who fathered the child. Many men will
voluntarily acknowledge paternity. Either parent can request a blood test in
contested paternity cases. Your caseworker will help you to establish
paternity for your child.

Establishing the obligation is the next step. The fair amount of child support
that the non-custodial parent should pay is determined according to state
guidelines. Your CSE office will be able to tell you how support award
amounts are set in your state. Your CSE office can also request medical
support for your child.

The last step is enforcement of the child support order. The CSE office can
help with collecting the money due no matter where the non-custodial
parent lives.

At any of these steps, the CSE office may need to know where the non-
custodial parent is living or where he/she is working. When a parent has
disappeared, it is usually possible for the CSE office to find him/her with the
help of state agencies, such as the Department of Motor Vehicles, or the
Federal Parent Locator Service. Your caseworker can tell you what
information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding

from the obligated parent's paycheck. Most child support orders require the
employer to withhold the money that is ordered for child support and send
it to the CSE office. Your Child Support Enforcement office can tell you
about this procedure.
Federal and State Income Tax refunds may be withheld to collect unpaid
child support. States also have laws which allow them to use: liens on real
and personal property; orders to withhold and deliver property; or seizure
and sale of property with the proceeds applied to the support debt. Many
states routinely report child support debts to credit bureaus and smart
parents are bringing their payments current so that their credit won't be
affected.

For More Information write for the Handbook on Child Support

Enforcement.

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STATE CHILD SUPPORT ENFORCEMENT

AGENCIES

Alabama (205) 242-9300 Montana (406) 444-4614

Alaska (907) 276-3441 Nebraska (402) 471-9125
Arizona (602) 252-0236 Nevada (702) 687-4744
Arkansas (501) 682-8398 New Hampshire (603)
271-4426
California (916) 654-1556 New Jersey (609) 588-2361
Colorado (303) 866-5994 New Mexico (505) 827-7200

Connecticut (203) 566-3053 New York (518) 474-

9081

Delaware (302) 577-4863 North Carolina (919) 571-4120

DC (202) 724-8800 North Dakota (701) 224-3582
Florida (904) 488-9900 Ohio (614) 752-
6561
Georgia (404) 657-3851 Oklahoma (405) 424-5871
Guam (671) 475-3360 Oregon (503) 986-2417
Hawaii (808) 587-3700 Pennsylvania (717) 787-3672
Idaho (208) 334-5710 Puerto Rico (809) 722-
4731
Illinois (217) 782-8768 Rhode Island (401) 277-2409
Indiana (317) 232-4894 South Carolina (803) 737-
5870
Iowa (515) 281-5580 South Dakota (605) 773-3641
Kansas (913) 296-3237 Tennessee (615) 741-1820
Kentucky (502) 564-2285 Texas (512) 463-2181
Louisiana (504) 342-4780 Utah (801) 538-4400
Maine (207) 287-2886 Vermont (802) 241-
2319
Maryland (410) 333-3979 Virgin Islands (809) 774-5666
Massachusetts (617) 727-4200 Virginia (804) 692-2458
Michigan (517) 373-7570 Washington (206) 586-3162
Minnesota (612) 296-2542 West Virginia (304) 558-3780
Mississippi (601) 359-4500 Wisconsin (608) 266-
9909
Missouri (314) 751-4301 Wyoming (307) 777-6948
Revised Uniform Reciprocal Enforcement of Support Act.

Part I
General Provisions.
20/1. Short Title; Purposes.
20/2. Definitions.
20/3. Remedies Additional to Those Now Existing.
20/4. Extent of Duties of Support.
20/4.1. Cooperation with United Kingdom.

PART II

Criminal Enforcement.
20/5. Interstate Rendition.
20/6. Conditions of Interstate Rendition.

Part III

Civil Enforcement.
20/7. Choice of Law.
20/8. Remedies of State or Political Subdivision Furnishing Support.
 20/9. How Duties of Support Enforced.
20/10. Jurisdiction.
20/11. Contents and Filing of Petition for Support; Venue.
20/12. Officials to Represent Obligee.
20/13. Petition for a Minor.
20/14. Duty of Initiating Court.
20/15. Costs and Fees.
20/15a. Public Aid Collection Fee.
20/16. Jurisdiction by Arrest.
20/17. State Information Agency.
20/18. Duty of the Court and Officials of This State as Responding State.
20/19. Further Duties of Court and Officials in the Responding State.
20/20. Hearing and Continuance.
20/21. Immunity from Criminal Prosecution.
20/22. Evidence of Husband and Wife.
20/23. Rules of Evidence.
20/24. Order of Support.
20/24.1. Unemployed obligor; court's powers.

20/25. Responding Court to Transmit Copies to Initiating Court.

20/26. Additional Powers of Responding Court.

20/26.1. Withholding of Income to Secure Payment of Support.
20/27. Paternity.
20/27.5. Other states' paternity determinations.
20/28. Additional Duties of Responding Court.
20/29. Additional duty of initiating court.
20/29A. Notice to clerk of initiating or responding circuit court of payment received
by Illinois Department of Public Aid for recording.
20/29B. Payment transmittal to Department of Public Aid.
20/30. Proceedings Not to be Stayed.
20/31. Application of Payments.
20/32. Effect of Participation in Proceeding.
20/33. Intrastate Application.
20/34. Appeals.

Part IV
Registration Of Foreign Support Orders.
20/35. Additional Remedies.
20/36. Registration.
20/37. Registry of Foreign Support Orders.
20/38. Official to Represent Obligee.
20/39. Registration Procedure; Notice.
20/40. Effect of Registration; Enforcement Procedure.
20/41. Uniformity of Interpretation.
20/42. Severability.

Part I.
GENERAL PROVISIONS.
20/1. Short Title; Purposes.
Sec. 1. Short Title; Purposes. This Act may be cited as the Revised Uniform Reciprocal
Enforcement of Support Act.
The purposes of this Act are to improve and extend by reciprocal legislation the
enforcement of duties of support.
(Source: P.A. 76-1090.)
Derivation.

Title: An Act authorizing and prescribing the procedure for civil proceedings to compel the
support of dependents within and without the State, providing for the extradition of
persons charged with the crime of failing to provide support for dependents and repealing
an Act herein named.

Cite: 750 ILCS 20/1 et seq.

Source: P.A. 76-1090.
Date: Approved August 28, 1969.
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1201.

20/2. Definitions.
Sec. 2. Definitions. (a) "Court" means the circuit court of this State and when the context
requires means the court of any other state as defined in a substantially similar reciprocal
law.
(b) "Duty of support" means a duty of support whether imposed or imposable by law or by
order or judgment of any court, whether interlocutory or final or whether incidental to an
action for dissolution of marriage, legal separation, or otherwise and includes the duty to
pay arrearage of support past due and unpaid.
(c) "Governor" includes any person performing the functions of Governor or the executive
authority of any state covered by this Act.
(d) "Initiating state" means a state in which a proceeding pursuant to this or a
substantially similar reciprocal law is commenced. "Initiating court" means the court in
which a proceeding is commenced.
(e) "Law" includes both common and statutory law.
(f) "Obligee" means a person including a state or political subdivision to whom a duty of
support is owed or a person including a state or political subdivision that has commenced a
proceeding for enforcement of an alleged duty of support or for registration of a support
order. It is immaterial if the person to whom a duty of support is owed is a recipient of
public assistance.
(g) "Obligor" means any person owing a duty of support or against whom a proceeding for
the enforcement of a duty of support or registration of a support order is commenced.
(h) "Prosecuting attorney" means the public official in the appropriate place who has the
duty to enforce criminal laws relating to the failure to provide for the support of any
person.
(I) "Register" means to record in the Registry of Foreign Support Orders.
(j) "Registering court" means any court of this State in which a support order of a
rendering state is registered.
(k) "Rendering state" means a state in which the court has entered a support order for
which registration is sought or granted in the court of another state.
(l) "Responding state" means a state in which any responsive proceeding pursuant to the
proceeding in the initiating state is commenced. "Responding court" means the court in
which the responsive proceeding is commenced.
(m) "State" includes a state, territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any foreign jurisdiction in which this or
a substantially similar reciprocal law is in effect.
(n) "Support order" means any judgment or order of support in favor of an obligee
whether temporary or final, or subject to modification, revocation, or remission, regardless
of the kind of action or proceeding in which it is entered.

(Source: P.A. 84-545.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1202.

20/3. Remedies Additional to Those Now Existing.

Sec. 3. Remedies Additional to Those Now Existing. The remedies herein provided are in
addition to and not in substitution for any other remedies.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1203.

20/4. Extent of Duties of Support.

Sec. 4. Extent of Duties of Support. Duties of support arising under the law of this State,
when applicable under Section 7 [750 ILCS 20/7], bind the obligor present in this State
regardless of the presence or residence of the obligee.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1204.

20/4.1. [Cooperation with United Kingdom].

Sec. 4.1. Illinois shall become a "Convention Country" as provided in the international
Revised Uniform Reciprocal Enforcement of Support Act as enacted by the United
Kingdom, and shall execute whatever agreements are necessary to foster cooperation
between this State and the United Kingdom in the matter of the collection of support.
(Source: P.A. 85-667.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1204.1.

PART II.
Criminal Enforcement.
20/5. Interstate Rendition.
Sec. 5. Interstate Rendition. The Governor of this State may
(1) demand of the Governor of another state the surrender of a person found in that state
who is charged criminally in this State with failing to provide for the support of any
person; or
(2) surrender on demand by the Governor of another state a person found in this State
who is charged criminally in that state with failing to provide for the support of any
person. Provisions for extradition of criminals not inconsistent with this Act apply to the
demand even if the person whose surrender is demanded was not in the demanding state
at the time of the commission of the crime and has not fled therefrom. The demand, the
oath, and any proceedings for extradition pursuant to this section need not state or show
that the person whose surrender is demanded has fled from justice or at the time of the
commission of the crime was in the demanding state.

(Source: P.A. 76-1090.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1205.

20/6. Conditions of Interstate Rendition.

Sec. 6. Conditions of Interstate Rendition. (a) Before making the demand upon the
Governor of another state for the surrender of a person charged criminally in this State
with failing to provide for the support of a person, the Governor of this State may require
any prosecuting attorney of this State to satisfy him that at least 60 days prior thereto
the obligee initiated proceedings for support under this Act or that any proceeding would
be of no avail.
(b) If, under a substantially similar Act, the Governor of another state makes a demand
upon the Governor of this State for the surrender of a person charged criminally in that
state with failure to provide for the support of a person, the Governor may require any
prosecuting attorney to investigate the demand and to report to him whether proceedings
for support have been initiated or would be effective. If it appears to the Governor that a
proceeding would be effective but has not been initiated he may delay honoring the
demand for a reasonable time to permit the initiation of a proceeding.
(c) If proceedings have been initiated and the person demanded has prevailed therein the
Governor may decline to honor the demand. If the obligee prevailed and the person
demanded is subject to a support order, the Governor may decline to honor the demand if
the person demanded is complying with the support order.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1206.
Part III.
Civil Enforcement.
20/7. Choice of Law.
Sec. 7. Choice of Law. Duties of support applicable under this Act are those imposed under
the laws of any state where the obligor was present for the period during which support is
sought. The obligor is presumed to have been present in the responding state during the
period for which support is sought until otherwise shown.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1207.

20/8. Remedies of State or Political Subdivision Furnishing Support.

Sec. 8. Remedies of State or Political Subdivision Furnishing Support. If a state or a
political subdivision furnishes support to an individual obligee it has the same right to
initiate a proceeding under this Act as the individual obligee for the purpose of securing
reimbursement for support furnished and of obtaining continuing support.

(Source: P.A. 76-1090.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1208.

20/9. How Duties of Support Enforced.

Sec. 9. How Duties of Support Enforced. All duties of support, including the duty to pay
arrearage, are enforceable by a proceeding under this Act including a proceeding for civil
contempt. The defense that the parties are immune to suit because of their relationship as
husband and wife or parent and child is not available to the obligor.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1209.

20/10. Jurisdiction.
Sec. 10. Jurisdiction. Jurisdiction of any proceeding under this Act is vested in the circuit
court.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1210.

20/13. Petition for a Minor.

Sec. 13. Petition for a Minor. A petition on behalf of a minor obligee may be executed and
filed by a person having legal custody of the minor without appointment as guardian ad
litem.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1213.

20/14. Duty of Initiating Court.

Sec. 14. Duty of Initiating Court. If the initiating court finds that the petition sets forth
facts from which it may be determined that the obligor owes a duty of support and that a
court of the responding state may obtain jurisdiction of the obligor or his property it shall
so certify and cause 3 copies of the petition and its certificate and one copy of this Act to
be sent to the responding court. Certification shall be in accordance with the requirements
of the initiating state. If the name and address of the responding court is unknown and the
responding state has an information agency comparable to that established in the initiating
state it shall cause the copies to be sent to the state information agency or other proper
official of the responding state, with a request that the agency or official forward them to
the proper court and that the court of the responding state acknowledge their receipt to
the initiating court.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1214.

20/15. Costs and Fees.

Sec. 15. Costs and Fees. An initiating court shall not require payment of either a filing fee
or other costs from the obligee but may request the responding court to collect fees and
costs from the obligor. A responding court shall not require payment of a filing fee or other
costs from the obligee but it may direct that all fees and costs requested by the initiating
court and incurred in this State when acting as a responding state, including fees for filing
of pleadings, service of process, seizure of property, stenographic or duplication service, or
other service supplied to the obligor, be paid in whole or in part by the obligor or by the
county. These costs or fees do not have priority over amounts due to the obligee.

(Source: P.A. 76-1090.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1215.

20/15a. Public Aid Collection Fee.

Sec. 15a. Public Aid Collection Fee. 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 [305 ILCS 5/4-1 et seq.], on whose behalf
an application has been made and approved for support services as provided by Section
10-1 of that Code [305 ILCS 5/10-1], 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 [42 U.S.C. 651 et seq.] 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. 82-979.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1215a.

20/16. Jurisdiction by Arrest.

Sec. 16. Jurisdiction by Arrest. If the court of this State believes that the obligor may flee
it may
(1) as an initiating court, request in its certificate that the responding court obtain the
body of the obligor by appropriate process; or
(2) as a responding court, obtain the body of the obligor by appropriate process. Thereupon
it may release him upon his own recognizance or upon his giving a bond in an amount set
by the court to assure his appearance at the hearing.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1216.

20/17. State Information Agency.

Sec. 17. State Information Agency. (a) The State Department of Public Aid is designated
as the state information agency under this Act, it shall

(1) compile a list of the courts and their addresses in this State having jurisdiction under
this Act and transmit it to the state information agency of every other state which has
adopted this or a substantially similar Act. Upon the adjournment of each session of the
General Assembly the agency shall distribute copies of any amendments to the Act and a
statement of their effective date to all other state information agencies;

(2) maintain a register of lists of courts received from other states and transmit copies
thereof promptly to every court in this state having jurisdiction under this Act; and
(3) forward to the court in this State which has jurisdiction over the obligor or his
property petitions, certificates and copies of the Act it receives from courts or information
agencies of other states.
(b) If the state information agency does not know the location of the obligor or his
property in the state and no state location service is available it shall use all means at its
disposal to obtain this information, including the examination of official records in the state
and other sources such as telephone directories, real property records, vital statistics
records, police records, requests for the name and address from employers who are able or
willing to cooperate, records of motor vehicle license offices, requests made to the tax
offices both state and federal where such offices are able to cooperate, and requests made
to the Social Security Administration as permitted by the Social Security Act as amended
[42 U.S.C. 301 et seq.].
(c) After the deposit of 3 copies of the petition and certificate and one copy of the Act of
the initiating state with the clerk of the appropriate court, if the state information agency
knows or believes that the prosecuting attorney is not prosecuting the case diligently it
shall inform the Attorney General who may undertake the representation.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1217.

20/18. Duty of the Court and Officials of This State as Responding State.
Sec. 18. Duty of the Court and Officials of This State as Responding State. (a) After the
responding court receives copies of the petition, certificate and Act from the initiating
court the clerk of the court shall docket the case and notify the prosecuting attorney of his
action.
(b) The prosecuting attorney shall prosecute the case diligently. He shall take all action
necessary in accordance with the laws of this State to enable the court to obtain
jurisdiction over the obligor or his property and shall request the clerk of the court to set a
time and place for a hearing and give notice thereof to the obligor in accordance with law.
(c) If the prosecuting attorney neglects or refuses to represent the obligee, the Attorney
General may undertake the representation.
(Source: P.A. 76-1090.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1218.

20/19. Further Duties of Court and Officials in the Responding State.

Sec. 19. Further Duties of Court and Officials in the Responding State. (a) The
prosecuting attorney on his own initiative shall use all means at his disposal to locate the
obligor or his property, and if because of inaccuracies in the petition or otherwise the court
cannot obtain jurisdiction the prosecuting attorney shall inform the court of what he has
done and request the court to continue the case pending receipt of more accurate
information or an amended petition from the initiating court.
(b) If the obligor or his property is not found in the county, and the prosecuting attorney
discovers that the obligor or his property may be found in another county of this State or
in another state he shall so inform the court. Thereupon the clerk of the court shall
forward the documents received from the court in the initiating state to a court in the
other county or to a court in the other state or to the information agency or other proper
official of the other state with a request that the documents be forwarded to the proper
court. All powers and duties provided by this Act apply to the recipient of the documents
so forwarded. If the clerk of a court of this State forwards documents to another court he
shall forthwith notify the initiating court.
(c) If the prosecuting attorney has no information as to the location of the obligor or his
property he shall so inform the initiating court.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1219.

20/20. Hearing and Continuance.

Sec. 20. Hearing and Continuance. If the obligee is not present at the hearing and the
obligor denies owing the duty of support alleged in the petition or offers evidence
constituting a defense the court, upon request of either party, shall continue the hearing to
permit evidence relative to the duty to be adduced by either party by deposition or by
appearing in person before the court. The court may designate the judge of the initiating
court as a person before whom a deposition may be taken.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1220.

20/21. Immunity from Criminal Prosecution.

Sec. 21. Immunity from Criminal Prosecution. If at the hearing the obligor is called for
examination as an adverse party and he declines to answer upon the ground that his
testimony may tend to incriminate him, the court may require him to answer, in which
event he is immune from criminal prosecution with respect to matters revealed by his
testimony, except for perjury committed in this testimony.

(Source: P. A. 76-1090.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1221.

20/22. Evidence of Husband and Wife.

Sec. 22. Evidence of Husband and Wife. Laws attaching a privilege against the disclosure of
communications between husband and wife are inapplicable to proceedings under this Act.
Husband and wife are competent witnesses and may be compelled to testify to any
relevant matter, including marriage and parentage.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1222.

20/23. Rules of Evidence.

Sec. 23. Rules of Evidence. In any hearing for the civil enforcement of this Act the court is
governed by the rules of evidence applicable in a civil court action in the Circuit Court. If
the action is based on a support order issued by a court or administrative body of this or
any other State, a certified copy of the order shall be received as evidence of the duty of
support, subject only to any defenses available to an obligor with respect to paternity
(Section 27) [750 ILCS 20/27] or to a defendant in an action or a proceeding to enforce
a foreign money judgment. The determination or enforcement of a duty of support owed
to one obligee is unaffected by any interference by another obligee with rights of custody or
visitation granted by a court.
(Source: P.A. 85-2.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1223.

20/24. Order of Support.

Sec. 24. Order of Support. If the responding court finds a duty of support it may order
the obligor to furnish support or reimbursement therefor and subject the property of the
obligor to the order.
Any new or existing support order entered by a court or administrative body of this or
any other State shall be deemed to be a series of judgments against the person obligated to
pay support thereunder, each such 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 such judgment shall:
(1) have the full force, effect, and attributes of any other judgment of such State, including
the ability to be enforced;
(2) be entitled as a judgment to full faith and credit in this and any other State; and
(3) not be subject to retroactive modification by this or any other State; except that
modification is permitted with respect to any period during which there is pending a
petition for modification, but only from the date that notice of such petition has been given
in accordance with law.
Where the terms of a support order entered by a court or administrative body of this or
any other State are subject to modification, or where action is not based upon such order,
the Illinois court shall determine the amount of maintenance or child support by using the
guidelines and standards set forth in Section 504 [750 ILCS 5/504], or in subsection (a)
of Section 505 [750 ILCS 5/505] and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act [750 ILCS 5/505.2], respectively.

When no prior support order exists, but the court finds a duty of support and enters an
order for current support, the court may enter an order for payment of support for a
period before the date the order for current support is entered. Support for the prior
period shall be determined by using the guidelines and standards set forth in Section 504
[750 ILCS 5/504], or in subsection (a) of Section 505 [750 ILCS 5/505], and in Section
505.2 [750 ILCS 5/505.2] of the Illinois Marriage and Dissolution of Marriage Act. For
purposes of determining the amount of support to be paid for the prior period, there is a
rebuttable presumption that the obligor's net income for that period was the same as his
or her net income at the time the order for current support is entered.
Support orders made pursuant to this Act shall require that payments be made to the
clerk of the court of the responding state. The court and prosecuting attorney of any
county in which the obligor is present or has property have the same powers and duties to
enforce the order as have those of the county in which it was first issued. If enforcement is
impossible or cannot be completed in the county in which the order was issued, the
prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of
any county in which it appears that proceedings to enforce the order would be effective.
The prosecuting attorney to whom the certified copy of the order is forwarded shall
proceed with enforcement and report the results of the proceedings to the court first
issuing the order.
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 [305 ILCS 5/10-21] and shall be enforced by the court upon petition.
(Effective July 1, 1996) A court or administrative body of this State may modify a
support order of another state only if that other state no longer has continuing, exclusive
jurisdiction of the proceeding in which the support order was entered. The order must be
registered under Section 609 of the Uniform Interstate Family Support Act [750 ILCS
22/609] and may be modified only if permitted under Section 611 of the Uniform
Interstate Family Support Act [750 ILCS 22/611].
An order for support entered or modified in a case in which a party is receiving child and
spouse support services under Article X of the Illinois Public Aid Code [305 ILCS 5/10-1 et
seq.] shall include a provision requiring the non-custodial parent to notify the Illinois
Department of Public Aid, within 7 days, of the name and address of any new employer of
the non-custodial parent, 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.

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 majority or is otherwise emancipated. 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 paragraph shall be construed to prevent
the court from modifying the order.
(Source: P.A. 86-649; 88-307, 20; 88-687, 15.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1224.

20/24.1. [Unemployed obligor; court's powers].

Sec. 24.1. Whenever it is determined in a proceeding to establish or enforce a child
support or maintenance 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 Jobs 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 support services
under Article X of The Illinois Public Aid Code, as amended [305 ILCS 5/10-1 et seq.], 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 of
that Code [305 ILCS 5/9-6].
(Source: P.A. 85-1155.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1224.1.

20/25. Responding Court to Transmit Copies to Initiating Court.

Sec. 25. Responding Court to Transmit Copies to Initiating Court. The responding court
shall cause a copy of all support orders to be sent to the initiating court.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1225.

20/26. Additional Powers of Responding Court.

Sec. 26. Additional Powers of Responding Court. In addition to the foregoing powers a
responding court may subject the obligor to any terms and conditions proper to assure
compliance with its orders and in particular to:
(1) require the obligor to furnish a cash deposit or a bond of a character and amount to
assure payment of any amount due;

(2) require the obligor to report personally and to make payments at specified intervals to
the clerk of the court; and

(3) punish under the power of contempt the obligor who violates any order of the court.
(Source: P.A. 83-658.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1226.

20/26.1. Withholding of Income to Secure Payment of Support.

Sec. 26.1. Withholding of Income to Secure Payment of Support. (A) Definitions.
(1) "Order for support" means any order of the court which provides for periodic payment
of funds for the support of a child or maintenance of a spouse, whether temporary or final,
and includes any such order which provides for:
(a) modification or resumption of, or payment of arrearage accrued under, a previously
existing order;
(b) reimbursement of support; or
(c) enrollment in a health insurance plan that is available to the obligor through an
employer or labor union or trade union.
(2) "Arrearage" means the total amount of unpaid support obligations.
(3) "Delinquency" means any payment under an order for support which becomes due and
remains unpaid after an order for withholding has been entered under subsection (B) or,
for purposes of subsection (K), after the last order for support was entered for which no
order for withholding was entered.
(4) "Income" means any form of periodic payment to an individual, regardless of source,
including, but not limited to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity and retirement benefits, lottery
prize awards, insurance proceeds, vacation pay, bonuses, profit-sharing payments and any
other payments, made by any person, private entity, federal or state government, any
unit of local government, school district or any entity created by Public Act; however,
"income" excludes:
(a) any amounts required by law to be withheld, other than creditor claims, including, but
not limited to, federal, State and local taxes, Social Security and other retirement and
disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer Credit Protection Act [15 U.S.C.
1601 et seq.];
(d) public assistance payments; and
(e) unemployment insurance benefits except as provided by law.
Any other State or local laws which limit or exempt income or the amount or percentage
of income that can be withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to make payments under an order for
support.

(6) "Obligee" means the individual to whom a duty of support is owed or the individual's
legal representative.

(7) "Payor" means any payor of income to an obligor.

(8) "Public office" means any elected official or any State or local agency which is or may
become responsible by law for enforcement of, or which is or may become authorized to
enforce, an order for support, including, but not limited to: the Attorney General, the
Illinois Department of Public Aid, the Illinois Department of Mental Health and
Developmental Disabilities, the Illinois Department of Children and Family Services, and the
various State's Attorneys, Clerks of the Circuit Court and supervisors of general assistance.
(9) "Premium" means the dollar amount for which the obligor is liable to his employer or
labor union or trade union and which must be paid to enroll or maintain a child in a
health insurance plan that is available to the obligor through an employer or labor union or
trade union.
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after January 1, 1984, the court shall
enter a separate order for withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the obligor requests an earlier
effective date; except that the court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the order for withholding to take
effect immediately, unless a written agreement is reached between and signed by both
parties providing for an alternative arrangement, approved and entered into the record by
the court, which insures payment of support. In that case, the court shall enter the order
for withholding which will not take effect unless the obligor becomes delinquent in paying
the order for support.
Upon entry of any order of support on or after September 11, 1989, if the obligor is not a
United States citizen, the obligor shall provide to the court the obligor's alien registration
number, passport number, and home country's social security or national health number, if
applicable; the court shall make the information part of the record in the case.
(2) An order for withholding shall be entered upon petition by the obligee or public office
where an order for withholding has not been previously entered.
(3) The order for withholding shall:
(a) direct any payor to withhold a dollar amount equal to the order for support; and
(b) direct any payor to withhold an additional dollar amount, not less than 20% of the
order for support, until payment in full of any delinquency stated in the notice of
delinquency provided for in subsection (C) or (F) of this Section; and
(c) direct any payor or labor union or trade union to enroll a child as a beneficiary of a
health insurance plan and withhold or cause to be withheld, if applicable, any required
premiums; and
(d) state the rights, remedies and duties of the obligor under this Section; and

(e) include the obligor's Social Security Number, which the obligor shall disclose to the
court; and

(f) include the date that withholding for current support terminates, which shall be the
date of termination of the current support obligation set forth in the order for support.
(4) At the time the order for withholding is entered, the Clerk of the Circuit Court shall
provide a copy of the order for withholding and the order for support to the obligor and
shall make copies available to the obligee and public office. Any copy of the order for
withholding furnished to the parties under this subsection shall be stamped "Not Valid".
(5) The order for withholding shall remain in effect for as long as the order for support
upon which it is based.
(6) The failure of an order for withholding to state an arrearage is not conclusive of the
issue of whether an arrearage is owing.
(7) Notwithstanding the provisions of this subsection, if the court finds at the time of any
hearing that an arrearage has accrued in an amount equal to at least one month's support
obligation or that the obligor is 30 days late in paying all or part of the order for support,
the court shall order immediate service of the order for withholding upon the payor.
(8) Where the court has not required that the order for withholding take effect
immediately, the obligee or public office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to the obligor at his or her last
known address. The notice shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of this subsection no longer provides for timely payment
of all support due; or
(b) The obligor has not made timely payments in that the obligor has been at least 7 days
late in paying all or part of the order for support any of the last 6 consecutive dates
payments were due prior to the date of the notice for immediate withholding. The notice
for immediate withholding shall clearly state that a specially certified copy of the order for
withholding will be sent to the payor, unless the obligor files a petition contesting
immediate withholding within 20 days after service of the notice; however, the grounds for
the petition shall be limited to a dispute concerning whether the circumstances stated in
the notice have occurred or the identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the date of the petition.

If the obligor files a petition contesting immediate withholding within the 20-day period
required under this paragraph, the Clerk of the Circuit Court shall notify the obligor and
the obligee or public office, as appropriate, of the time and place of the hearing on the
petition. Upon hearing the petition, the court shall enter an order granting or denying
relief. It shall not be grounds for granting the obligor's petition that he or she has made all
payments due by the date of hearing. If the court denies the obligor's petition, it shall
order immediate service of the order for withholding and direct the clerk to provide a
specially certified copy of the order for withholding to the obligee or public office indicating
that the requirements for immediate withholding under this paragraph have been met.

If the obligor does not file a petition contesting immediate withholding within the 20-day
period, the obligee or public office shall file with the Clerk of the Circuit Court an affidavit,
with a copy of the notice for immediate withholding attached thereto, stating that the
notice was duly served and the date on which service was effected, and that the obligor
has not filed a petition contesting immediate withholding. The clerk shall then provide to
the obligee or public office a specially certified copy of the order for withholding indicating
that the requirements for immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order for withholding, the obligee or public
office may serve the order on the payor, its superintendent, manager or other agent, by
certified mail or personal delivery. A proof of service shall be filed with the Clerk of the
Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of an amount equal to at least one
month's support obligation pursuant to the order for support or is at least 30 days late in
complying with all or part of the order for support, whichever occurs first, the obligee or
public office may prepare and serve a verified notice of delinquency, together with a form
petition to stay service, pursuant to paragraph (3) of this subsection.
(2) The notice of delinquency shall recite the terms of the order for support and contain a
computation of the period and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent to the payor, together with a
specially certified copy of the order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in accordance with paragraph (1) of
subsection (D).
(3) The notice of delinquency shall be served by ordinary mail addressed to the obligor at
his or her last known address.
(4) The obligor may execute a written waiver of the provisions of paragraphs (1) through
(3) of this subsection and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor may prevent an order for withholding
from being served by filing a petition to stay service with the Clerk of the Circuit Court,
within 20 days after service of the notice of delinquency; however, the grounds for the
petition to stay service shall be limited to a dispute concerning: (a) the amount of current
support or the existence or amount of the delinquency; or (b) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor and the obligee or public office, as
appropriate, of the time and place of the hearing on the petition to stay service. The court
shall hold such hearing pursuant to the provisions of subsection (H).

(2) Except as provided in subsection (F), filing of a petition to stay service, within the 20-
day period required under this subsection, shall prohibit the obligee or public office from
serving the order for withholding on any payor of the obligor.

(E) Initial Service of Order for Withholding.

(1) Except as provided in subsection (F), in order to serve an order for withholding upon a
payor, an obligee or public office shall follow the procedures set forth in this subsection.
After 20 days following service of the notice of delinquency, the obligee or public office shall
file with the Clerk of the Circuit Court an affidavit, with the copy of the notice of
delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly served and the date on which service was
effected; and
(b) that the obligor has not filed a petition to stay service, or in the alternative
(c) that the obligor has waived the provisions of subparagraphs (a) and (b) of this
paragraph (1) in accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the Clerk of the Circuit [sic] shall: (a) make
available any record of payment; and (b) determine that the file contains a copy of the
affidavit described in paragraph (1). The Clerk shall then provide to the obligee or public
office a specially certified copy of the order for withholding and the notice of delinquency
indicating that the preconditions for service have been met.
(3) The obligee or public office may then serve the notice of delinquency and order for
withholding on the payor, its superintendent, manager or other agent, by certified mail or
personal delivery. A proof of service shall be filed with the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at any time after the court has ordered
immediate service of an order for withholding or after initial service of an order for
withholding pursuant to subsection (E), the obligee or public office may serve the order for
withholding upon any payor of the obligor without further notice to the obligor. The obligee
or public office shall provide notice to the payor, pursuant to paragraph (6) of subsection
(I), of any payments that have been made through previous withholding or any other
method.
(2) The Clerk of the Circuit Court shall, upon request, provide the obligee or public office
with specially certified copies of the order for withholding or the notice of delinquency or
both whenever the Court has ordered immediate service of an order for withholding or an
affidavit has been placed in the court file indicating that the preconditions for service have
been previously met. The obligee or public office may then serve the order for withholding
on the payor, its superintendent, manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk of the Circuit Court.

(3) If a delinquency has accrued for any reason, the obligee or public office may serve a
notice of delinquency upon the obligor pursuant to subsection (C). The obligor may prevent
the notice of delinquency from being served upon the payor by utilizing the procedures set
forth in subsection (D). If no petition to stay service has been filed within the required 20
day time period, the obligee or public office may serve the notice of delinquency on the
payor by utilizing the procedures for service set forth in subsection (E).

(G) Duties of Payor.

(1) It shall be the duty of any payor who has been served with a copy of the specially
certified order for withholding and any notice of delinquency to deduct and pay over
income as provided in this subsection. The payor shall deduct the amount designated in the
order for withholding, as supplemented by the notice of delinquency and any notice
provided pursuant to paragraph (6) of subsection (I), beginning no later than the next
payment of income which is payable to the obligor that occurs 14 days following the date
the order and any notice were mailed by certified mail or placed for personal delivery. The
payor may combine all amounts withheld for the benefit of an obligee or public office into a
single payment and transmit the payment with a listing of obligors from whom
withholding has been effected. The payor shall pay the amount withheld to the obligee or
public office within 10 calendar days of the date income is paid to the obligor in
accordance with the order for withholding and any subsequent notification received from
the public office redirecting payments. If the payor knowingly fails to pay any amount
withheld to the obligee or public office within 10 calendar days of the date income is paid
to the obligor, the payor shall pay a penalty of $100 for each day that the withheld
amount is not paid to the obligee or public office after the period of 10 calendar days has
expired. The failure of a payor, on more than one occasion, to pay amounts withheld to the
obligee or public office within 10 calendar days of the date income is paid to the obligor
creates a presumption that the payor knowingly failed to pay the amounts. This penalty
may be collected in a civil action which may be brought against the payor in favor of the
obligee. For purposes of this Section, a withheld amount shall be considered paid by a payor
on the date it is mailed by the payor, or on the date an electronic funds transfer of the
amount has been initiated by the payor, or on the date delivery of the amount has been
initiated by the payor. For each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date income was paid from which support was
withheld.

Upon receipt of an order requiring that a minor child be named as a beneficiary of a

health insurance plan available through an employer or labor union or trade union, the
employer or labor union or trade union shall immediately enroll the minor child as a
beneficiary in the [sic] health insurance plan designated by the court order. The employer
shall withhold any required premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier in a timely manner. The
employer or labor union or trade union shall mail to the obligee, within 15 days of
enrollment or upon request, notice of the date of coverage, information on the dependent
coverage plan, and all forms necessary to obtain reimbursement for covered health
expenses, such as would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is terminated or changed for
any reason, the employer or labor union or trade union shall notify the obligee within 10
days of the termination or change date along with notice of conversion privileges.

For withholding of income, the payor shall be entitled to receive a fee not to exceed $5 per
month to be taken from the income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income from the payor, the payor shall
return a copy of the order for withholding to the obligee or public office and shall provide
information for the purpose of enforcing this Section.
(3) Withholding of income under this Section shall be made without regard to any prior or
subsequent garnishments, attachments, wage assignments, or any other claims of creditors.
Withholding of income under this Section shall not be in excess of the maximum amounts
permitted under the federal Consumer Credit Protection Act [15 U.S.C. 1601 et seq.]. If
the payor has been served with more than one order for withholding pertaining to the
same obligor, the payor shall allocate income available for withholding on a proportionate
share basis, giving priority to current support payments. If there is any income available
for withholding after withholding for all current support obligations, the payor shall
allocate the income to past due support payments ordered in non-AFDC matters and then
to past due support payments ordered in AFDC matters, both on a proportionate share
basis. Payment as required by the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire or otherwise penalize any obligor
because of the duty to withhold income.
(H) Petitions to Stay Service or to Modify, Suspend or Terminate Orders for Withholding.
(1) When an obligor files a petition to stay service, the court, after due notice to all
parties, shall hear the matter as soon as practicable and shall enter an order granting or
denying relief, amending the notice of delinquency, amending the order for withholding
where applicable, or otherwise resolving the matter. If the court finds that a delinquency
existed when the notice of delinquency was served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was at least 30 days late in
paying all or part of the order for support, the court shall order immediate service of the
order for withholding. Where the court cannot promptly resolve any dispute over the
amount of the delinquency, the court may order immediate service of the order for
withholding as to any undisputed amounts specified in an amended notice of delinquency,
and may continue the hearing on the disputed amounts.
(2) At any time, an obligor, obligee, public office or Clerk of the Circuit Court may petition
the court to:

(a) modify, suspend or terminate the order for withholding because of a modification,
suspension or termination of the underlying order for support; or

(b) modify the amount of income to be withheld to reflect payment in full or in part of the
delinquency or arrearage by income withholding or otherwise; or
(c) suspend the order for withholding because of inability to deliver income withheld to the
obligee due to the obligee's failure to provide a mailing address or other means of delivery.
(3) The obligor, obligee or public office shall serve on the payor, by certified mail or
personal delivery, a copy of any order entered pursuant to this subsection that affects the
duties of the payor.
(4) At any time, a public office or Clerk of the Circuit Court may serve a notice on the
payor to:
(a) cease withholding of income for payment of current support for a child when the
support obligation for that child has automatically ceased under the order for support
through emancipation or otherwise; or
(b) cease withholding of income for payment of delinquency or arrearage when the
delinquency or arrearage has been paid in full.
(5) The notice provided for under paragraph (4) of this subsection shall be served on the
payor by ordinary mail, and a copy shall be provided to the obligor and the obligee. A copy
of the notice shall be filed with the Clerk of the Circuit Court.
(6) The order for withholding shall continue to be binding upon the payor until service of
any order of the court or notice entered or provided for under this subsection.
(I) Additional Duties.
(1) An obligee who is receiving income withholding payments under this Section shall notify
the payor, if the obligee receives the payments directly from the payor, or the public office
or the Clerk of the Circuit Court, as appropriate, of any change of address within 7 days of
such change.
(2) An obligee who is a recipient of public aid shall send a copy of any notice of delinquency
filed pursuant to subsection (C) to the Bureau of Child Support of the Illinois Department
of Public Aid.
(3) Each obligor shall notify the obligee and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has been served with a notice of
delinquency pursuant to this Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no longer authorized to receive payments
for the obligee, it shall, within 7 days, notify the payor or, where appropriate, the Clerk of
the Circuit Court, to redirect income withholding payments to the obligee.

(6) The obligee or public office shall provide notice to the payor and Clerk of the Circuit
Court of any other support payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency or arrearage, or both.

(7) Any public office and Clerk of the Circuit Court which collects, disburses or receives
payments pursuant to orders for withholding shall maintain complete, accurate, and clear
records of all payments and their disbursements. Certified copies of payment records
maintained by a public office or Clerk of the Circuit Court shall, without further proof, be
admitted into evidence in any legal proceedings under this Section.
(8) The Illinois Department of Public Aid shall design suggested legal forms for proceeding
under this Section and shall make available to the courts such forms and informational
materials which describe the procedures and remedies set forth herein for distribution to
all parties in support actions.
(9) At the time of transmitting each support payment, the clerk of the circuit court shall
provide the obligee or public office, as appropriate, with any information furnished by the
payor as to the date income was paid from which such support was withheld.
(J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over income pursuant to a properly
served, specially certified order for withholding and any notice of delinquency, or wilfully
discharges, disciplines, refuses to hire or otherwise penalizes an obligor as prohibited by
subsection (G), or otherwise fails to comply with any duties imposed by this Section, the
obligee, public office or obligor, as appropriate, may file a complaint with the court against
the payor. The clerk of the circuit court shall notify the obligee or public office, as
appropriate, and the obligor and payor of the time and place of the hearing on the
complaint. The court shall resolve any factual dispute including, but not limited to, a denial
that the payor is paying or has paid income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) shall enter judgment and direct the enforcement thereof for the total amount that the
payor wilfully failed to withhold or pay over; and
(b) may order employment or reinstatement of or restitution to the obligor, or both,
where the obligor has been discharged, disciplined, denied employment or otherwise
penalized by the payor and may impose a fine upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully initiates a false proceeding under this
Section or who wilfully fails to comply with the requirements of this Section shall be
punished as in cases of contempt of court.
(K) Alternative Procedures for Entry and Service of an Order for Withholding.

(1) Effective January 1, 1987, in any matter in which an order for withholding has not
been entered for any reason, based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of an amount equal to at least
one month's support obligation pursuant to the last order for support or is at least 30
days late in complying with all or part of the order for support, the obligee or public office
may prepare and serve an order for withholding pursuant to the procedures set forth in
this subsection.

(2) The obligee or public office shall:

(a) prepare a proposed order for withholding for immediate service as provided by
paragraphs (1) and (3) of subsection (B), except that the minimum 20% delinquency
payment shall be used;
(b) prepare a notice of delinquency as provided by paragraphs (1) and (2) of subsection (C),
except the notice shall state further that the order for withholding has not been entered by
the court and the conditions under which the order will be entered; and
(c) serve the notice of delinquency and form petition to stay service as provided by
paragraph (3) of subsection (C), together with the proposed order for withholding, which
shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of delinquency and proposed order for
withholding, in lieu of the provisions of subsection (E), the obligee or public office shall file
with the Clerk of the Circuit Court an affidavit, with a copy of the notice of delinquency
and proposed order for withholding attached thereto, stating that:
(a) the notice of delinquency and proposed order for withholding have been served upon
the obligor and the date on which service was effected;
(b) the obligor has not filed a petition to stay service within 20 days of service of such
notice and order; and
(c) the proposed order for withholding accurately states the terms and amounts contained
in the last order for support.
(4) Upon the court's satisfaction that the procedures set forth in this subsection have been
met, it shall enter the order for withholding.
(5) The Clerk shall then provide to the obligee or public office a specially certified copy of
the order for withholding and the notice of delinquency indicating that the preconditions
for service have been met.
(6) The obligee or public office shall serve the specially certified copies of the order for
withholding and the notice of delinquency on the payor, its superintendent, manager or
other agent by certified mail or personal delivery. A proof of service shall be filed with the
Clerk of the Circuit Court.
(7) If the obligor requests in writing that income withholding become effective prior to
becoming delinquent in payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming 30 days late in paying all or
part of the order for support, the obligee or public office shall file an affidavit with the
Clerk of the Circuit Court, with a proposed order for withholding attached, stating that
the proposed order accurately states the terms and amounts contained in the last order
for support and the obligor's request for immediate service. The provisions of paragraphs
(4) through (6) of this subsection shall apply, except that a notice of delinquency shall not
be required.

(8) All other provisions of this Section shall be applicable with respect to the provisions of
this subsection (K), except that under paragraph (1) of subsection (H), the court may also
amend the proposed order for withholding to conform to the last order for support.

(9) Nothing in this subsection shall be construed as limiting the requirements of paragraph
(1) of subsection (B) with respect to the entry of a separate order for withholding upon
entry of any order for support.
(L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created by this Section are in addition to and
not in substitution for any other rights, remedies, duties and penalties created by any
other law.
(2) Nothing in this Section shall be construed as invalidating any assignment of wages or
benefits executed prior to January 1, 1984.
(Source: P.A. 86-496; 86-546; 86-649; 86-746; 86-911; 86-1028; 86-1184; 87-
529; 87-935, 4; 87-988, 4; 87-1105, 4; 88-26, 4; 88-45, 2-61; 88-94, 4;
88-131, 20; 88-307, 20; 88-670, 2-70.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1226.1.
20/27. Paternity.
Sec. 27. Paternity. If the obligor asserts as a defense that he is not the father of the child
for whom support is sought and it appears to the court that the defense is not frivolous,
and if both of the parties are present at the hearing or the proof required in the case
indicates that the presence of either or both of the parties is not necessary, the court may
adjudicate the paternity issue. Otherwise the court may adjourn the hearing until the
paternity issue has been adjudicated.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1227.

20/27.5. Other states' paternity determinations.

Sec. 27.5. Other states' paternity determinations. Determinations of paternity made by
other states in accordance with the laws of those states shall be given full faith and credit
in this State, regardless of whether paternity was determined through voluntary
acknowledgment, genetic testing results, or administrative or judicial processes.
(Source: P.A. 88-687, 15.)
Effective Date. Section 99 of P.A. 88-687 made this section effective upon becoming law.
The Act was approved January 24, 1995.

20/28. Additional Duties of Responding Court.

Sec. 28. Additional Duties of Responding Court. A responding court has the following
duties which may be carried out through the clerk of the court:
(1) to transmit to the initiating court any payment made by the obligor pursuant to any
order of the court or otherwise; and

(2) to furnish to the initiating court upon request a certified statement of all payments
made by the obligor.

(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1228.

20/29. Additional duty of initiating court.

Sec. 29. Additional duty of initiating court. An initiating court shall receive and disburse
forthwith all payments made by the obligor or sent by the responding court. This duty
may be carried out through the clerk of the court. If the obligee and other dependents for
whom support or reimbursement therefor has been ordered pursuant to Section 24 of this
Act [750 ILCS 20/24] are recipients of public aid under the Illinois Public Aid Code [305
ILCS 5/1-1 et seq.], each court of this State, in respect to payments received by it as
initiating court, shall order such payments to be transmitted to (1) the Illinois Department
of Public Aid if the obligee, other dependents, or both, are recipients of aid under Articles
III, IV or V of the Code [305 ILCS 5/3-1 et seq., 305 ILCS 5/4-1 et seq. or 305 ILCS
5/5-1 et seq.], or (2) the local governmental unit responsible for the support of the
obligee, other dependents, or both, if they are recipients under Articles VI or VII of the
Code [305 ILCS 5/6-1 et seq.]. In accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current maintenance payments or child
support payments, or both, after those persons cease to receive public assistance and until
termination of services under Article X of the Illinois Public Aid Code [305 ILCS 5/10-1 et
seq.]. The Illinois Department of Public Aid shall pay the net amount collected to those
persons after deducting any costs incurred in making the collection or any collection fee
from the amount of any recovery made. Upon removal of the obligee, other dependents, or
both, from the public aid rolls or upon termination of services under Article X of the Illinois
Public Aid Code [305 ILCS 5/10-1 et seq.], the Illinois Department or the local
governmental unit, as the case requires, shall give notice of such action in writing or by
electronic transmission to the court, together with request that subsequent payments be
made directly to the obligee, the other dependents, or both, or to some other person or
agency in their behalf.

Upon notification in writing or by electronic transmission from the Illinois Department of

Public Aid to the clerk of the court that a person who is receiving support payments under
this Section is receiving services under the Child Support Enforcement Program established
by Title IV-D of the Social Security Act [42 U.S.C. 651 et seq.], any support payments
subsequently received by the clerk of the court shall be transmitted in accordance with the
instructions of the Illinois Department of Public Aid until the Department gives notice to
the clerk of the court to cease the transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of the court shall file a copy of the
Illinois Department of Public Aid's notification in the court file. The failure of the clerk to
file a copy of the notification in the court file shall not, however, affect the Illinois
Department of Public Aid's right to receive notice of further proceedings.

Payments under this Section to the Illinois Department of Public Aid pursuant to the Child
Support Enforcement Program established by Title IV-D of the Social Security Act [42
U.S.C. 651 et seq.] shall be paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department of Public Aid shall be
deposited in the Public Assistance Recoveries Trust Fund. Disbursements from these funds
shall be as provided in The Illinois Public Aid Code [305 ILCS 5/1-1 et seq.]. Payments
received by a local governmental unit shall be deposited in that unit's General Assistance
Fund.
(Source: P.A. 83-1126; 88-687, 15.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1229.

20/29A. Notice to clerk of initiating or responding circuit court of payment received by

Illinois Department of Public Aid for recording.
Sec. 29A. Notice to clerk of initiating or responding 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 initiating or responding circuit court for transmittal to the Illinois
Department of Public Aid by order of court or upon notification by the Illinois Department
of Public Aid, and the Illinois Department of Public Aid collects support by assignment,
offset, withholding, 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. 82-988; 88-687, 15.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1229A.

20/29B. Payment transmittal to Department of Public Aid.

Sec. 29B. Payment transmittal to Department of Public Aid. For those cases in which
child support is payable to the clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of court or upon notification by the Illinois Department
of Public Aid, the clerk shall transmit all such payments, within 4 working days of receipt,
to insure that funds are available for immediate distribution by the Department to the
person or entity entitled thereto in accordance with standards of the Child Support
Enforcement Program established under Title IV-D of the Social Security Act [42 U.S.C.
651 et seq.]. The clerk shall notify the Department of the date of receipt and amount
thereof at the time of transmittal. Where the clerk has entered into an agreement of
cooperation with the Department to record the terms of child support orders and
payments made thereunder directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise distribute child support
payments in accordance with such agreements in lieu of the requirements contained herein.

(Source: P.A. 86-1184; 88-687, 15.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1229B.

20/30. Proceedings Not to be Stayed.

Sec. 30. Proceedings Not to be Stayed. A responding court shall not stay the proceeding or
refuse a hearing under this Act because of any pending or prior action or proceeding for
dissolution of marriage, declaration of invalidity of marriage, legal separation, habeas
corpus, adoption, or custody in this or any other state. The court shall hold a hearing and
may issue a support order pendente lite. In aid thereof it may require the obligor to give a
bond for the prompt prosecution of the pending proceeding. If the other action or
proceeding is concluded before the hearing in the instant proceeding and the judgment
therein provides for the support demanded in the petition being heard the court must
conform its support order to the amount allowed in the other action or proceeding.
Thereafter the court shall not stay enforcement of its support order because of the
retention of jurisdiction for enforcement purposes by the court in the other action or
proceeding.
(Source: P.A. 81-230.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1230.

20/31. Application of Payments.

Sec. 31. Application of Payments. A support order made by a court of this State pursuant
to this Act does not nullify and is not nullified by a support order made by a court of this
State pursuant to any other law or by a support order made by a court of any other state
pursuant to a substantially similar act or any other law, regardless of priority of issuance,
unless otherwise specifically provided by the court. Amounts paid for a particular period
pursuant to any support order made by the court of another state shall be credited against
the amounts accruing or accrued for the same period under any support order made by
the court of this State.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1231.

20/32. Effect of Participation in Proceeding.

Sec. 32. Effect of Participation in Proceeding. Participation in any proceeding under this
Act does not confer jurisdiction upon any court over any of the parties thereto in any
other proceeding.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1232.
20/33. Intrastate Application.

Sec. 33. Intrastate Application. This Act applies if both the obligee and the obligor are in
this State but in different counties. If the court of the county in which the petition is filed
finds that the petition sets forth facts from which it may be determined that the obligor
owes a duty of support and finds that a court of another county in this State may obtain
jurisdiction over the obligor or his property, the clerk of the court shall send the petition
and a certification of the findings to the court of the county in which the obligor or his
property is found. The clerk of the court of the county receiving these documents shall
notify the prosecuting attorney of their receipt. The prosecuting attorney and the court in
the county to which the copies are forwarded then shall have duties corresponding to those
imposed upon them when acting for this State as a responding state.

(Source: P.A. 76-1090.)

Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1233.

20/34. Appeals.
Sec. 34. Appeals. If the Attorney General is of the opinion that a support order is
erroneous and presents a question of law warranting an appeal in the public interest, he
may
(a) perfect an appeal to the proper appellate court if the support order was issued by a
court of this State, or
(b) if the support order was issued in another state, cause the appeal to be taken in the
other state. In either case expenses of appeal may be paid on his order from funds
appropriated for his office.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1234.

Part IV.
Registration of Foreign Support Orders.
20/35. Additional Remedies.
Sec. 35. Additional Remedies. If the duty of support is based on a foreign support order,
the obligee has the additional remedies provided in the following sections.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1235.
20/36. Registration.
Sec. 36. Registration. The obligee may register the foreign support order in a court of this
State in the manner, with the effect, and for the purposes herein provided.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1236.

20/37. Registry of Foreign Support Orders.

Sec. 37. Registry of Foreign Support Orders. The clerk of the court shall maintain a
Registry of Foreign Support Orders in which he shall file foreign support orders.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1237.

38. Official to Represent Obligee.

Sec. 38. Official to Represent Obligee. If this State is acting either as a rendering or a
registering state the prosecuting attorney upon the request of the court, the County
Department of Public Aid or the Supervisor of General Assistance shall represent the
obligee in proceedings under this Part.
If the prosecuting attorney neglects or refuses to represent the obligee, the Attorney
General may undertake the representation.
(Source: P.A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1238.

20/39. Registration Procedure; Notice.

Sec. 39. Registration Procedure; Notice. (a) An obligee seeking to register a foreign
support order in a court of this State shall transmit to the clerk of the court (1) three
certified copies of the order with all modifications thereof, (2) one copy of the reciprocal
enforcement of support act of the state in which the order was made, and (3) a statement
verified and signed by the obligee, showing the post office address of the obligee, the last
known place of residence and post office address of the obligor, the amount of support
remaining unpaid, a description and the location of any property of the obligor available
upon execution, and a list of the states in which the order is registered. Upon receipt of
these documents the clerk of the court, without payment of a filing fee or other cost to the
obligee, shall file them in the Registry of Foreign Support Orders. The filing constitutes
registration under this Act.
(b) Promptly upon registration the clerk of the court shall send by certified or registered
mail to the obligor at the address given a notice of the registration with a copy of the
registered support order and the post office address of the obligee. He shall also docket the
case and notify the prosecuting attorney of his action. The prosecuting attorney shall
proceed diligently to enforce the order.
(Source: P. A. 76-1090.)
Note. This section was Ill.Rev.Stat., Ch. 40, Para. 1239.

20/40. Effect of Registration; Enforcement Procedure.

Sec. 40. Effect of Registration; Enforcement Procedure. (a) Upon registration the
registered foreign support order shall be treated in the same manner as a support order
entered by a court of this State. It has the same effect and is subject to the same
procedures, defenses, and proceedings for reopening, vacating, or staying as a support
order of this State and may be enforced and satisfied in like manner.

(b) The obligor has 30 days after the mailing of notice of the registration in which to
petition the court to vacate the registration or for other relief. If he does not so petition
the registered support order is confirmed.
(c) At the hearing to enforce the registered support order the obligor may present only
matters that would be available to him as defenses in an action to enforce a foreign money
judgment. If he shows to the court that an appeal from the order is pending or will be
taken or that a stay of enforcement has been granted the court shall stay enforcement of
the order until the appeal is concluded, the time for appeal has expired, or the order is
vacated, upon satisfactory proof that the obligor has furnished security for payment of the
support ordered as required by the rendering state. If he shows to the court any ground
upon which enforcement of a support order of this State may be stayed the court shall
stay enforcement of the order for an appropriate period if the obligor furnishes the same
security for payment of the support ordered that is required for a support order of this
State.
(Source: P.A. 84-546.)

20/41. Uniformity of Interpretation.

Sec. 41. Uniformity of Interpretation. This Act shall be so construed as to effectuate its
general purpose to make uniform the law of those states which enact it.
(Source: P. A. 76-1090.)
20/42. Severability.
Sec. 42. Severability. 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 .
 STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE _______________JUDICIAL CIRCUIT
__________COUNTY, ILLINOIS

ILLINOIS DEPARTMENT )
OF PUBLIC AID, ex rel. )
)
________________________, )
Petitioner, )
)
v. ) CASE ____
)
) IV-D No. 51-_______________________
)
Respondent. )

MOTION TO DISMISS FOR LACK OF JURISDICTION, NOTICE, OR SERVICE OF PROCESS

NOW COMES __________________ by and through his attorney, __________________________,

and for his Motion to Dismiss for lack of Jurisdiction respectfully states as follows:

1. _____________________ does not have the requisite minimum contacts with the

State of Ohio to cause Jurisdiction to exist over him by that State.

 2. ________________________ was never notified of any hearing on this matter in

Ohio, never served with process or notice of hearing during which the Ohio order was

issued.

WHEREFORE Respondent moves this Court to Dismiss for lack of Jurisdiction and

for such other relief the Court deems just.

_________________________

VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil

Procedure, the undersigned certifies that the statements set forth in this instrument are

true and correct, except as to matters therein stated to be on information and belief and

as to such matters the undersigned certifies as aforesaid that he verily believes the same to

be true.

___________________________

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing instrument was served upon

the attorneys of record of all parties to the above cause by enclosing the same in an

envelope addressed to such attorneys at their business address as disclosed by the pleadings

of record herein, with postage fully prepaid and by depositing said envelope in the U.S. Post

Office mail box in Carbondale, Illinois, on the _____ day of ____________________, 1995.

__________________________
Attorney at Law
 STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE ______________ JUDICIAL CIRCUIT
_____________ COUNTY, ILLINOIS

ILLINOIS DEPARTMENT )
OF PUBLIC AID, ex rel. )
)
_______________________, )
Petitioner, )
)
v. ) CASE _____
)
) IV-D No. 51-
___________________ )
Respondent. )
)

ORDER
This cause coming before the Court on the Motion of the Respondent to Dismiss for lack of

Jurisdiction. The Court having considered the Motion and pleadings of counsel, finds the

allegations of the Motion are supported by the facts abduced in support thereof and;

IT IS HEREBY ORDERED that this cause be, and same is hereby, Granted.

_________________________________________

JUDGE

DATED:________________________________

STATE OF ILLINOIS
 IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
________________ COUNTY, ILLINOIS

ILLINOIS DEPARTMENT )
OF PUBLIC AID, ex rel. )
)
_______________________, )
Petitioner, )
)
v. ) CASE _
)
) IV-D No. 51-____________________
)
Respondent. )
)

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

NOW COMES __________________, by and through his attorney, _________________, and for

his Memorandum of Law in Support of Motion to Dismiss for lack of Jurisdiction

respectfully states as follows:

1. This action was brought under the Revised Uniform Reciprocal Enforcement of

Support Act seeking to enforce an Ohio Order.

2. Section 20/40 - Enforcement Procedures states:

750 ILCS 20/40. Effect of Registration; Enforcement Procedure.

Sec. 40. Effect of Registration; Enforcement Procedure. (a) Upon registration the
registered foreign support order shall be treated in the same manner as a support order
entered by a court of this State. It has the same effect and is subject to the same
procedures, defenses, and proceedings for reopening, vacating, or staying as a support
order of this State and may be enforced and satisfied in like manner.

(b) The obligor has 30 days after the mailing of notice of the registration in which to
petition the court to vacate the registration or for other relief. If he does not so petition
the registered support order is confirmed.
(c) At the hearing to enforce the registered support order the obligor may present only
matters that would be available to him as defenses in an action to enforce a foreign money
judgment. If he shows to the court that an appeal from the order is pending or will be
taken or that a stay of enforcement has been granted the court shall stay enforcement of
the order until the appeal is concluded, the time for appeal has expired, or the order is
vacated, upon satisfactory proof that the obligor has furnished security for payment of the
support ordered as required by the rendering state. If he shows to the court any ground
upon which enforcement of a support order of this State may be stayed the court shall
stay enforcement of the order for an appropriate period if the obligor furnishes the same
security for payment of the support ordered that is required for a support order of this
State.

3. The available defenses of Respondent to this action are under the

Foreign Judgments Recognition Act 735 ILCS 5/12-621 Sections (a.), (a.)1 and (a.)2

and (b), (b.)1 and (b.)4.

735 ILCS 5/12-621. Inconclusiveness of judgments.

Sec. 12-621. Inconclusiveness of judgments. (a) A foreign judgment is not

conclusive if
(1) the judgment was rendered under a system which does not provide
impartial tribunals or procedures compatible with the requirements of due
process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.

(b) A foreign judgment need not be recognized if

(1) the defendant in the proceedings in the foreign court did not receive notice of
the proceedings in sufficient time to enable him or her to defend;
(2) the judgment was obtained by fraud;
(3) the cause of action on which the judgment is based is repugnant to the
public policy of this State;
(4) the judgment conflicts with another final and conclusive judgment;

(5) the proceeding in the foreign court was contrary to an agreement between
the parties under which the dispute in question was to be settled otherwise than by
proceedings in that court; or

(6) in the case of jurisdiction based only on personal service, the foreign court
was a seriously inconvenient forum for the trial of the action.

4. Respondents Defenses under (a.), (a.)1 and (a.) 2:

On the face of the order and exhibits attached and rendered by the

Ohio Court, no evidence of any notice of any hearing determining the claimed arrearage

and resulting in the January 25, 1995 Order is presented. Respondent had no notice

of said hearing and thus was not provided procedures compatible with the

requirements of due process of law as required by Section 5/12-621 (a). Neither

was service obtained gaining personal jurisdiction to require Respondents presence before

the Court as required by 5/12-621(b).

5. Respondents Defense under Section 5/12-621(b)(1):

Respondent received no Notice of the Ohio Courts hearing on January

25, 1995 of the Petition for arrearage.

6. Respondents Defense under 5/12-621 (b)(2):

The Order rendered is clearly in error and contradicts that Ohio

Courts previous Order of August 30, 1994 that set the payment of Child Support

with arrearage at $50.00 per month and states this modification shall be in effect

until obligor becomes gainfully employed. The affidavit of Respondent is attached

stating he is a student and not gainfully employed.

7. Page 2 of 2 of the Uniform Support Petition contains erasures

attempting to conceal figures that reflect the Courts Order of August 30, 1994 and

said changes are not initialed or dated. The new figures differ from the original figures

entered which match the figures of the August 30, 1994 order.

8. Respondent does not in fact owe any back child support but has in

fact overpaid child support by approximately $2000.00 because of an error in

withholding from his pay and Plaintiff was well aware that she has received said

overpayment.

WHEREFORE Respondent moves the Court deny enforcement of

the foreign Order of the Ohio Court.

By:__________________________________
_____________________
ATTORNEY AT LAW
___________________________
___________________________
___________________________

STATE OF ILLINOIS

IN THE CIRCUIT COURT OF THE ______________ JUDICIAL CIRCUIT

__________________ COUNTY ILLINOIS

IN RE THE MARRIAGE OF )
)
_____________________________, )
)
Plaintiff, )
)
v. ) CASE
)

__________________, )
)
Defendant. )

PETITION TO MODIFY

NOW COMES the Defendant, ______________________, by and through his

attorney, _________________________________, and prays this Court modify a Judgment of

Dissolution of Marriage and in support thereof respectfully states as follows:

1. On December 15, 1983, this Court entered a judgment of

Dissolution of marriage, which Judgment has not been modified or rescinded.

2. As part of the said Judgment of Dissolution of Marriage, the Court

ordered in paragraph 9 in words as figures as follows;

Defendant is to pay to Plaintiff as and for the support of the minor children
the sum of $300.00 per month per child. Payments are to be made through the
Circuit Clerks office in two equal monthly installments of $300.00, due and
payable on the first installment due and payable on December 1, 1983.

3. That said Judgment in paragraph 2 ordered:

That the Plaintiff, _________________, shall have the care, custody, and control and
education of the minor children of the parties, namely: ________ and ___________, and is
granted leave to remove the children from the State of Illinois to the State of
Alabama where she intends to reside. The Defendant is granted visitation as
follows:

a) Four consecutive weeks during the summer;

b) One week during the childrens Christmas break from school;
c) One week during the childrens spring break from school;

d) At such other times as Defendant is in Alabama, not to exceed two

consecutive days at any one time;

e) At such times as Plaintiff is in Illinois with the Children, but

not to exceed three consecutive days at any one time;
f) Defendant is required to give Plaintiff 30 days advance notice,
in writing, of the date he intends to pick up the children for the summer
visitation, and at least one weeks oral or written notice when he intends to
see the children in Alabama.
 g) The Plaintiff is to give the Defendant at least three weeks oral or
written notice when the children will have their Christmas and Spring break
and at least one week oral and written notice of when the children will be in
Southern Illinois.
And;

7. Plaintiff has a specific duty to turn over the children to Defendant

or his representative for his visitation even though the children may object to
such visitation.

4. _______________________, one of the two children of the parties,

became 18 years of age in May 1995.

5. Defendant should not be required to pay child support to Plaintiff

for the support of ____________________ after May, 1995.

6. Based on the information and belief of the Defendant,

__________________________, one of the two children of the parties, is eligible for SSI

payments and that the SSI payments should offset any support obligations

by either party.

7. That Plaintiff has failed to facilitate the relationship between

Defendant and his children by denying visitation and it is in the best interests of the

child that the court order custody be changed and awarded to Defendant, with

reasonable child support.

 WHEREFORE Defendant prays this court:

A. Change Custody from Plaintiff to Defendant, with Plaintiff

paying reasonable child support.

B. Award the tax deduction for the children to Defendant,

C. Require the custodial parent to file for and obtain SSI

payments.

D. That SSI payments offset any child support obligation of any

party.

E. That if custody is not awarded to Defendant that visitation be

increased and that makeup visitation be ordered day for day.

F. That the child support provision for _____________ be terminated.

G. For such other relief the court deems just and equitable.

__________________________
ATTORNEY AT LAW
____________________________
____________________________
____________________________
VERIFICATION

The undersigned, being first duly sworn on oath deposes and states
that the contents of the aforegoing document are true (except as to matter alleged
to be on information and belief and those he believes to be
true).
____________________________________

Subscribed and sworn to before me this __________ day of

__________________, 1995.

_________________________

Notary Public
STATE OF _________ )

) SS.
COUNTY OF _______ )

AFFIDAVIT

I, _______________________________, certify that I have read the foregoing

document and that to the best of my knowledge, information, and belief formed
after reasonable inquiry it is well grounded in fact and is warranted by existing
law or a good faith argument for the extension, modification, or reversal of existing law
and that it is not interposed for any improper purpose, such as to harass or to cause
unnecessary delay or a needless increase in the cost of litigation. All facts plead therein
are herein incorporated.
____________________________________

Subscribed and sworn to before me this __________ day of

__________________, 1995.

_____________________________ Notary Public

 IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT

_________________ COUNTY, ILLINOIS

In Re: The Marriage of: )

)
_______________________, )
)
Petitioner, )

and ) CASE
)
___________________, )
)
Respondent. )

INTERROGATORIES

COMES NOW the Petitioner, __________________, by and

through his undersigned attorney, and propounds the attached Interrogatories to
the Respondent, to be answered under oath within twenty eight (28) days from the
date of service thereof, pursuant to Supreme Court Rule 213.

INSTRUCTIONS

Please insert your answers in the space provided following each question. If additional
space is needed, so indicate in the space provided, and prepare your answer on a separate
paper and attach.

INTERROGATORIES TO _______________________

i. Please state your full name, address, date of birth and social security
number.
 ii. Please describe your current employment including the names and
address of your present employer and, the dates of your employment and the nature
of your job.

3. With regard to your income, please state the following:

(1) State your gross annual earned income, from all sources, for each
of the last three years. Identify source and amount from each source.

(2) State when you are paid and indicate for each pay period your gross
salary and wages, itemize the deductions from your gross salary wages and your net
salary or wages.
 (3) Set forth any additional compensation, including but not limited to,
overtime, bonuses, profit sharing, insurance, expense account, automobile or automobile
allowance, which you have received from your employer or anticipate receiving.

(4) State your total annual income in each of the past three years.

(5) Itemize all other income or support payments received.

4 With regard to your assets, please state:

a. Describe by legal description and addresses all real property which

you own, or in which you have an interest, setting forth the percentage of your interest in
each parcel. For each parcel, state date of purchase, purchase price and present
market value.
 b List the names and addresses of all persons or entities which own
an interest with you in the parcels of real property described in the foregoing sub-
paragraph and describe such interest.

c List all of the items of tangible personal property, including

but not limited to, motor vehicles, furniture, boats, jewelry or art objects which are owned by
you or in which you have an interest. State your estimate of value for each item.

d. List the names and addresses of the persons who own an interest
with you in the items of tangible personal property described in the foregoing sub-
paragraph and describe such interest.

e. List all accounts in which you have deposited money in your

name or jointly with another person within the last 12 months.
 (6) As to the accounts set forth in the foregoing answer, set forth the
account numbers, the cash balances and the persons and their addresses who are authorized
to withdraw funds in said account.

(7) List all intangible personal property, including but not limited to,
stocks, bonds and mortgages owned by you or in which you have an interest within the
last two years. State percentage of your interest and the present value of each interest.

(8) List the names and addresses of persons or entities indebted to you
and state the nature and amount of their obligations to you.
 (9) List all other assets which you own, having an interest in or the use
and benefit of, setting forth your interest and value thereof.

(10) Describe in detail, including the cash value, all insurance policies of
which you are the owner or beneficiary, including but not limited to health, disability and
life insurance. As to each policy, list the issuing insurance company and policy number.

4. With regard to your liabilities, please list all liabilities,

debts and other obligations, all credit cards issued to you, indicating for each whether it is
secured or unsecured, and, if secured, the nature of the security, setting forth the payment
schedule as to each and the name and address of each creditor, the balances owed and present
monthly payments and the account numbers for each account.

5 With regard to your living expenses, please complete the

attached statement of financial affairs.

6 State the amount of money contributed monthly, directly

or indirectly, for the support of your spouse or other dependents for the past year next
preceding the answers to these Interrogatories.
 7. State the condition of your health and the name and
address of all health care providers who have examined or treated you within the last 3
years.. State the same information for each child, if any.

8. Please specify on what facts you base your claim for child
custody.

9. Please describe in detail events or other facts which

lead you to believe that you will be a better custodian of the minor child than your spouse.

10. Please describe with the particularity the events or facts

which lead you to believe that your spouse is not equipped or otherwise prepared to be the
custodial parent of the minor child.

11. Will you please specify the facts upon which you rely to
support your allegations that you would be a fit and proper person to have the care, custody
and control of the minor child and can provide a better environment for the minor child to
live in.

12. Please describe in detail your daily and/or social habits,

including, but not limited to:

a) Alcohol use;
b) Drug use;
c) Participation in sports;
d) Attendance at theater, lecture, museums, etc.;
e) Attendance at social gatherings, such as parties,
etc;
f) Attendance at church activities;

13. Describe in specific terms, your relationship with the

child which qualifies you for custody of the child. Include in your answer your past record
with response to visits with the child, time spent with him, the quality of custodial care
provided for him by you in the past and interest shown in the child's daily life.

14. Describe in detail the kind of household you propose

to provide to the child as a custodial parent. Include in your answer where the household is
to be maintained.
 15. State the name and address or otherwise identify and
locate all persons who have knowledge of the facts and circumstances concerning custody
or who will be called as witnesses, either in you behalf or adverse to you and describe the
facts to which each said person has knowledge or will testify.

16. For anyone who has provided child care for the minor
child(ren), state the following:
a. Name

b. Address

c. Telephone Number

d. Licensing or credentials

e. Dates of child care

f. Location of Child care

g. Purpose for use of child care

17. If you have alleged grounds for divorce, state the

following:

a. Dates of occurrences;
 b. Places of occurrences;

c. Persons present.

18. If you have made any contribution to the acquisition,

preservation or increase in the value of marital or non marital property, please state:

a. What the contribution was;

b. When the contribution was.

19. If you have any vocational skills or vocational

qualifications please describe them.

CERTIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the

code of Civil Procedure, the undersigned certifies that the statements set forth in this Petition
are true and correct, except as to matters stated to be on information and belief, and as to
those matters, the undersigned certifies as stated that he verily believes
them to be true.
 IN THE CIRCUIT COURT OF THE _______________ JUDICIAL CIRCUIT
________________ COUNTY, ILLINOIS

In Re: The Marriage of: )

)
_______________________, )
)
Petitioner, )
and ) CASE
)
__________________, )
)
Respondent. )

REQUEST TO PRODUCE

COMES NOW Petitioner/Husband,

______________________________, by and through his undersigned attorneys, pursuant to

Rules of Civil Procedure, and requests that the Respondent/Wife, produce

and permit the Petitioner/Husband to inspect and to copy each of the following documents:

INSTRUCTIONS

1. You are requested to supplement your answers to this Request to Produce.

2. You are requested to provide complete answers to this Request to produce, incorporating

all information and knowledge within the possession of, or otherwise available to, you and

your agents. If you are unable to answer any part of this Request to Produce in

full, please answer to the extent possible, specify the reason for the inability to answer the
remainder, set forth whatever information or knowledge is available concerning the unanswered

portion, and identify all persons possessing further knowledge to the unanswered portion.

3. If you withhold or claim that you are entitled to withhold any

information regarding any communication or documents, please state:

A. The privilege claimed in withholding the information.

B. If the information is related to a communication:

I. The parties to the communication;

ii. The date of the communication; and

iii. The general matter of the communication.

C. If the information relates to a document:

I. The privilege claimed in withholding the document;

ii. The author (s) and address (es) of the document and

each person to whom copies were furnished;

iii. The date of the document;

iv. The general subject matter of the document; and

v. The present custodian of the document and its

location.

DOCUMENTS TO PRODUCE

1. Entire Federal and State Income Tax Returns for the last

five (5) years whether the same be in your name individually or jointly with anyone else, in

your possession or under your control, including W-2 forms.

 2. Records reflecting gross income and net income received by
you either directly or indirectly since January 1, 1988 to the present, as well as your
employee earning records and pay stubs prepared by your employer for the last twelve
(12) months and estimated tax returns filed for the current year.

3. Any and all financial statements prepared within the last

five (5) years, in your possession or under your control, whether in your name individually or
jointly with anyone else.

a. Any and all of the following matters which are in your

possession or under your control, whether held individually or jointly with anyone else, or in
which you have an interest, or any account in which you have the right to withdraw
any funds, whether or not your name appears on said account, during the last two (2) years
involving any financial institutions, including but not limited to the following accounts:

(1) Checking accounts

(2) Savings accounts
(3) Certificates of Deposit
(4) Money Market Funds
(5) Ready Cash Accounts
(6) Credit Union Accounts
(7) Any other similar accounts.

b. All records and documents involving the above

accounts, including but not limited to the following:

(1) All monthly statements

(2) All deposit slips
(3) All withdrawal slips
(4) All canceled checks
(5) Check stubs and check registers
(6) All savings account books
(7) All Credit Union account books
(8) Copies of all Certificates of Deposit
(9) All other similar records
4. All records, including but not limited to statements and other
documents involving any stock ownership in which you either individually or jointly with
anyone else (including your spouse) have or had an interest in during the last two (2) years.

5. All Bonds of any description in your possession or under your

control whether in your name individually or jointly with anyone else, for the last two (2)
years.
 6. Any Note or other securities either in your possession or under
your control, whether in your name individually or jointly with anyone else, for the last two (2)
years.

7. All records in regards to any security account in your

possession or under your control, whether in your name individually or jointly with
anyone else, for the last two (2) years.

8. All records in regards to any current outstanding obligations

upon which you are individually or jointly liable with anyone else, in your possession or
under your control, for the last two (2) years.

9. A completed Financial Affidavit as attached.

10. All cashier's checks, money orders, or certified checks, in

your possession or under your control, whether in your name individually or jointly with
anyone else.

11. All life insurance policies.

12. All medical, hospitalization and dental policies.

13. All receipts, records of payment, bills, invoices, checks

evidencing payment, as well as any other documents, correspondence or memorandums in
your possession or under your control involving all credit cards which you might have used
within the last year, whether or not the specific charges were authorized or signed by you or by
any other party, including but not limited to the following: Visa, American Express,
MasterCard, Diner's Club, all gasoline credit cards, and all department store credit cards.

14. All records and documents in regards to any 401 account,

retirement fund, trust fund, profit sharing plan, pension plan, IRA account, KEOGH plan, or any
other similar plan involving you, including but not limited to the following documents:
a. A copy of all of the plan and trust
documents with all amendments, modifications and changes.

b. Copies of 5500/500-C, 500-B and 5500-SSA, if

applicable, for the past three (3) years.

c. Copy of the trust asset statement as of the most recent

plan anniversary.

d. Copy of the most recent Summary Plan Description.

e. If there are individual insurance or annuity contracts in

force in the plan, a copy of the actual contracts.
 f. If this is a profit sharing or defined contribution plan, a
copy of the record of the individual account balance as of the last valuation date.

g. If there have been any loans made from the plan, a copy
of the Note signed in support of the loan.

15. All records in regards to any real property, either owned or

leased, either individually or jointly with anyone else, during the last five (5) years,
including the Deed or an accurate copy of the same, all Closing Statements in regards to the
purchase or sale of said property and all copies of any Notes and/or Mortgages, as well as all
records in regards to any real property during the last three (3) years in which you were
involved in the purchase in any way that was placed in someone else's name. Also, all
records and other documents of any appraisals or evaluations of any of the above real
property, including any appraisals done for ad valorem tax purposes by any governmental
body.

16. All records of any person (including but not limited to a detective)
who had your spouse or any other person who is or might be involved in this lawsuit under
surveillance at any time during your marriage, together with their names, addresses, and
telephone numbers. Further, any and all written documents, including reports or memoranda
or documentary evidence of any kind, together with a list of the names and addresses of
the persons who have possession of the same. Further, any movies, video tapes,
and/or recordings of any sort, involving your spouse or any other person
who is or might be involved in this lawsuit, taken at any time during your marriage, along
with the necessary equipment to listen to or observe or watch the same.

17. All records in regards to any deferred income, deferred

salary, and/or deferred commissions.

18. Personal property tax returns (intangible) for the last three
(3) years.

19. Personal property tax returns (tangible) for the last three (3)
years.

20. The most recent Real Estate Tax Notice indicating the assessed
values for tax purposes of any and all real property held by you either individually, jointly
with any other person or entity, or under your control.

21. Documents of title including Bills of Sale for all personal

property, owned individually or with other persons, including automobiles, boats,
airplanes, furniture, antiques, stamps and coin collections, during the current years and the
past five (5) years.
 22. All records, inventories and particularly any appraisals of any
collections, such as but not limited to coin collections, stamp collections, gem collections,
antiques, gun collections or other similar collections.

23. All records, inventories and particularly any appraisals of any

gold or silver in your possession or under your control, whether the same be held in your
name individually or jointly with anyone else.

24. Schedule of all personal furniture, fixtures, furnishings and

equipment owned individually or jointly during the current year and past five (5) years.

25. All records, including notes, mortgages or any other

evidence of any security or collateral, in regards to any obligations which are owing to you either
individually or jointly with any person, firm or corporation.

26. Any Trust, along with any amendments and modifications thereto,
in which you individually or jointly with anyone else have an interest or in which you are a
Beneficiary, Trustee, or Trustor, along with the most up-to-date financial records
in regards to said Trust, amendments and modifications thereto, which list the assets, liabilities
and income.

27. All of the following records in regards to any Trust in which you
individually or jointly with anyone else have an interest or in which you are a Beneficiary,
Trustee, or Trustor, to wit:

a. Records of all accounts in any financial institutions,

money market funds, ready cash account, or other similar accounts, including monthly
statements, deposit slips, withdrawal slips, canceled checks, savings
accounts, certificates of deposit, and all other similar records for the last three years.

b. All financial statements, all annual accountings, all lists

of inventories of assets, and Federal and State tax returns involving said Trust for the last
three (3) years.

28. Any and all charts, graphs, records, documents, ledgers,

drawings, or any other similar items, which have either been prepared by you or prepared
by someone else, that you have in your possession or under your control, involving any of the
issues involved in this action, including but not limited to any such items indicating he
amount of personal expenses or costs incurred by you or your spouse, during the last five (5)
years.

29. All records and documents in regards to any disability

pension or other income or any other similar plan involving you, including but not limited
to the following documents:
 a. A copy of all of the plan and trust documents with all
amendments, modifications and changes.

b. A copy of all documents which you initially signed, as

well as any similar documents or amendments thereto involving any disability plan or
income.

c. If there are individual insurance or annuity contracts in

force in the plan, a copy of the actual contracts.

d. A copy of the most recent account balances as of the last

valuation date.

e. If there have been any loans made from the plan, a copy
of all documents, including Notes signed in support of the loan.

f. If you have cashed in, or received any lump sum payment,

or any other similar type action involving any disability plan or income, a copy of all
documents relating to the same.

g. A copy of all documents indicating whether you did or did

not elect to provide survivor's benefits to any person, as well as any amendments thereto.

h. All documents evidencing your rights in regards to

providing survivor benefits.

30. A copy of all Powers of Attorney or similar instruments

involving you or your spouse and any recision, amendments or cancellation of the same.

31. A list setting forth the names and addresses of all persons who
were witnesses to or have knowledge or information of any relevant facts relating to this
action or who possess proof of the incidents or acts involved, their relationship to you
and indicating which were eyewitnesses; all written memoranda and reports and photographs
submitted to you or your attorney by any such person; and all tape recordings or other
evidence prepared from tape recordings made in connection with any wiretapping or other
electronic surveillance conducted by you or others on your behalf.

32. A list of the names and addresses of all proposed expert

witnesses and copies of all written reports rendered to you or your attorney by any such
proposed expert witnesses.

33. Copies of all records concerning any safe deposit box used or
maintained by the husband or wife during the current year and the past five (5) years, and all
records of the contents of such box(es).
 34. Records pertaining to any gifts received by you or your spouse
during the marriage (limit to gifts with a value of $1000 or more).
35. Records pertaining to any inheritance received by
you or your spouse during the marriage.

36. Any appraisal made within the last three (3) years.

It is requested that the aforesaid production be made on or before

twenty eight (28) days from the date of service hereof, at the offices of

_________________________________

Inspection will be made by visual observation and/or copying.