Presentation Transcript

1. Illinois Family Support Enforcement Association Judicial Panel Panelists: Judge John B. Huschen, Circuit Judge of the Eleventh Judicial Circuit; Judge Jerelyn D. Maher, Associate Judge of the Tenth Judicial Circuit; and Judge Charles Reynard, Judge of the Eleventh Judicial Circuit Moderator: Scott Black, Illinois Attorney General’s Office, Bureau Chief Marriott Hotel and Conference Center 201 Broadway Avenue Normal, Illinois October 6-8, 2013
2. Supreme Court Rule 138(a) Prohibits the inclusion of “personal identity information” in documents or exhibits filed with the court. PII is: (1) social security and taxpayer identification numbers; (2) birth dates; (3) names of individuals known to be minors; (4) driver's license numbers; (5) financial account numbers' and (6) debit and credit card numbers.
3. Exception, Rule 138(c) You can submit a redacted filing for the public record which includes: the last four digits of the Social Security or taxpayer-identification number; (2) the year of the individual’s date of birth; (3) the minor’s initials; (4) the last four digits of the driver’s license number; (5) the last four digits of the financial account number; and (6) the last four digits of the debit and credit card number.
4. Exception continued When the filing of personal identity information in its entirety is required by law, ordered by the court, or otherwise necessary to effect disposition of a matter, the filing must be accompanied by a form titled “Notice of Personal Identity Information Within Court Filing,” which shall provide the required personal identity information without redaction. The notice, and any attachments thereto, shall be filed under seal and remain confidential, except as provided in paragraph (d) or as the court may order.
5. Petitions to Reduce Child Support Problematic Cases: Loss of employment for cause. -Good faith vs. a desire to evade financial responsibility. 2. Default Orders (after 30 days)
6. Petitions to Reduce Child Support Incarcerated non-custodial parents. a) current standards b) proposed legislation, e.g. HB 2330
7. Statewide Standardized Court Forms
8. Bridging the Barriers Between Juvenile Court and Child Support Enforcement Confidentiality Provisions in the Juvenile Court Act and Children and Family Services Act: 705 ILCS 405/1-8 (General Provisions) 705 ILCS 405/5-901 (Delinquent Minors) 20 ILCS 505/35.1 The case and clinical records of ... wards of the Department, children receiving or applying for child welfare services, persons receiving or applying for other services of the Department, and Department reports of injury or abuse to children shall not be open to the general public.
9. Bridging the Barriers Between Juvenile Court and Child Support Enforcement Confidentiality and Sharing information. 705 ILCS 405/1-8 (A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code.
10. Bridging the Barriers Between Juvenile Court and Child Support Enforcement Sharing information: 10th and 11th Circuit Rules: “… It is hereby directed that the Clerks of the Courts … allow a representative of the Office of the Attorney General on behalf of the Department of Healthcare and Family Services to have access to juvenile court files in order to inspect and document findings and exclusions of paternity entered in juvenile court.”
11. Bridging the Barriers Between Juvenile Court and Child Support Enforcement Sharing Information: 89 Ill. Adm. Code §431.90(a)(4)(D) PART 431 CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES Disclosure of Personal Information Without Consent a) Persons Who May Receive Personal Information Without Consent The Department shall disclose personal information to the following persons or category of persons without the consent of the individual in accordance with the provisions of the Children and Family Services Act [20 ILCS 505]...: 4) Professionals or Other Service Providers D) Department employees may release personal information needed to establish paternity or support for a dependent child or relative.
12. Bridging the Barriers Between Juvenile Court and Child Support Enforcement Challenging Paternity in Juvenile Court Actions a) By the Child/G.A.L., In re M.M., 401 Ill.App.3d 416 b) By the State, In re N.C., 2013 IL App (3d) 120438 Trial court erred in declaring nonpaternity, and in dismissing presumed father as a party in the neglect proceedings. State does not have standing to file motion to declare nonexistence of parent and child relationship. Whether presumed father signed VAP due to fraud, duress, or material mistake of fact is a claim relating to legal interest of father, and should be advanced by the father himself, not the State.
13. Support for Disabled Non-minor Children 750 ILCS 5/513 Support for Non-minor Children and Educational Expenses. (a) The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the support of the child or children of the parties who have attained majority in the following instances: (1) When the child is mentally or physically disabled and not otherwise emancipated, an application for support may be made before or after the child has attained majority.
14. Support for Disabled Non-minor Children (b) In making awards under paragraph (1) or (2) of subsection (a), or pursuant to a petition or motion to decrease, modify, or terminate any such award, the court shall consider all relevant factors that appear reasonable and necessary, including: (1) The financial resources of both parents. (2) The standard of living the child would have enjoyed had the marriage not been dissolved. (3) The financial resources of the child. (4) The child's academic performance.
15. Obtaining Support from Lump Sum Workers’ Compensation Settlements In re Marriage of Mayfield, 2013 IL 114655
16. Registration of Administrative Support Orders 305 ILCS 5/10-15.1 (f) A nonregistering party seeking to contest enforcement of a registered administrative support order shall request a hearing within 30 days after the date of service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered administrative support order, or to contest the remedies being sought or the amount of any alleged arrearages. …. (i) A party contesting the enforcement of a registered administrative support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The Illinois Department lacked personal jurisdiction over the contesting party. (2) The administrative support order was obtained by fraud. (3) The administrative support order has been vacated, suspended, or modified by a later order. (4) The Illinois Department has stayed the administrative support order pending appeal. (5) There is a defense under the law to the remedy sought. (6) Full or partial payment has been made.
17. Presumptions of ParentageFor Same Sex Couples Current Law 750 ILCS 45/5 (a) A man is presumed to be the natural father of a child if: (1) he and the child's natural mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage; (2) after the child's birth, he and the child's natural mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child's father on the child's birth certificate; (3) he and the child's natural mother have signed an acknowledgment of paternity in accordance with rules adopted by the Department of Healthcare and Family Services …
18. Presumptions of Parentage Birth Certificates: Vital Records Act 410 ILCS 535/12 (4) Unless otherwise provided in this Act, if the mother was not married to the father of the child at either the time of conception or the time of birth, the name of the father shall be entered on the child's birth certificate only if the mother and the person to be named as the father have signed an acknowledgment of parentage in accordance with subsection (5).
19. Presumptions of Parentage Illinois Religious Freedom Protection and Civil Union Act. 750 ILCS 75/10 Definitions. As used in this Act: "Party to a civil union" means a person who has established a civil union pursuant to this Act. "Party to a civil union" means, and shall be included in, any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the law. 750 ILCS 75/20 Sec. 20. Protections, obligations, and responsibilities. A party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses, whether they derive from statute, administrative rule, policy, common law, or any other source of civil or criminal law. 750 ILCS 5/212 (a) The following marriages are prohibited: (5) a marriage between 2 individuals of the same sex. (c) Children born or adopted of a prohibited or common law marriage are the lawful children of the parties.
20. Presumptions of Parentage Senate Bill 10. Religious Freedom and Marriage Fairness Act Section 10. Equal access to marriage. (a) All laws of this State applicable to marriage, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil or criminal law, shall apply equally to marriages of same-sex and different-sex couples and their children. (b) Parties to a marriage and their children, regardless of whether the marriage consists of a same-sex or different-sex couple, shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil or criminal law.
21. Presumptions of Parentage HB 1243 (Parentage Act of 2013) Section 204. Presumption of parentage. (a) A man is presumed to be the parent of a child if: ... [five total presumptions. Only one arguably applicable to same sex male couples] (5) for the first 2 years after the birth of the child, he resided in a household with the child, openly held out the child as his own during that time, the child had only one parent under law at that time, and that parent consented to the man's holding out the child as his own. (b) A woman is presumed to be the parent of a child if: (1) she and the birth mother of the child have entered into a marriage, civil union, or substantially similar legal relationship, and the child is born to the birth mother during the marriage, civil union, or substantially similar legal relationship, except as provided by a valid gestational surrogacy contract, Article 7 of this Act, or other law; ... [five total presumptions]
22. Presumptions of Parentage HB 1243 (Parentage Act of 2013) Section 204 (c) If 2 or more conflicting presumptions arise under this Section, the presumption which on the facts is founded on the weightier considerations of policy and logic, especially the policy of promoting the child's best interests, controls.