ILCS » Chapter 750 · Act 22
Illinois Compiled Statutes

750 ILCS 22/401 (2026)

Establishment of support order

✓ current as of May 2026
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(750 ILCS 22/401)
    Sec. 401. Establishment of support order.
    (a) If a support order entitled to recognition under this Act has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:
        (1) the individual seeking the order resides outside
    
this State; or
        (2) the support enforcement agency seeking the order
    
is located outside this State.
    (b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
        (1) a presumed father of the child;
        (2) petitioning to have his paternity adjudicated;
        (3) identified as the father of the child through
    
genetic testing;
        (4) an alleged father who has declined to submit to
    
genetic testing;
        (5) shown by clear and convincing evidence to be the
    
father of the child;
        (6) an acknowledged father as provided by applicable
    
State law;
        (7) the mother of the child; or
        (8) an individual who has been ordered to pay child
    
support in a previous proceeding and the order has not been reversed or vacated.
    (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 305.
(Source: P.A. 99-119, eff. 1-1-16.)

    
Notes of Decisions
Cited in 4 cases, 2012–2017 · leading case: Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017).
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Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). · cites it 6× “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). “Outside this State” means “a location in another state or a country other than the United States.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). · cites it 6× “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
In re T.P.S., 2012 IL App (5th) 120176 (Ill. App. Ct. 2012). “1, 14 (West 2010)), in the Non-Support Punishment Act (750 ILCS 16/20 (West 2010)), in the Uniform Interstate Family Support Act (750 ILCS 22/401 (West 2010)), and in the Illinois Public Aid Code (305 ILCS 5/10-1 to 10-28 (West 2010)).”
The Dep't of Healthcare & Fam. Servs. ex rel Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). · cites it 3× “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
— 750 ILCS 22/401(a)(1) — 3 cases
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). “Outside this State” means “a location in another state or a country other than the United States.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
The Dep't of Healthcare & Fam. Servs. ex rel Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
— 750 ILCS 22/401(b) — 2 cases
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). “Outside this State” means “a location in another state or a country other than the United States.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
— 750 ILCS 22/401(c) — 3 cases
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). “Outside this State” means “a location in another state or a country other than the United States.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
The Dep't of Healthcare & Fam. Servs. ex rel Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “1, 2016) (amending 750 ILCS 22/401(a)(1) (West 2014)). The Department ignores subsection (c) of section 401, which provides that the court shall issue a support order only after it finds that an obligor owes a duty of support.”
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