Department of Healthcare & Family Services ex rel. Nieto v. Arevalo
2016 IL App (2d) 150504
| Ill. App. Ct. | 2017Background
- The Illinois Department of Healthcare and Family Services (Department) filed a UIFSA petition on behalf of Nora Nieto (a Mexico resident) seeking to establish child support against Alfredo Arevalo (Illinois resident) for two children living in Mexico.
- Petition relied on Spanish-language form (with English translation); documentation included marriage certificate, children’s birth certificates, and an affidavit supporting paternity.
- Arevalo was personally served, appeared, filed a financial affidavit admitting the children and his noncustodial status, and moved to dismiss arguing procedural defects and that no dissolution or custody proceeding supported a support order.
- Trial court sua sponte concluded a parentage determination (and thus custody implication under the Parentage Act) would be necessary before awarding support and held it lacked jurisdiction under UIFSA to render custody-related judgments; it dismissed the petition.
- On appeal the Second District affirmed: it held UIFSA requires the forum court to apply the forum state’s substantive/procedural law (750 ILCS 22/303), and under Illinois law a custody/parentage determination is a threshold to enter support here because entry of support under the Parentage Act operates as a custody judgment—something UIFSA prohibits in interstate support proceedings where custody is governed by the child’s home state (Mexico).
- The dissent argued (1) the Public Aid Code and common law impose a parental duty to support regardless of prior custody order, (2) Arevalo’s admissions satisfied UIFSA’s criteria for entry of support, and (3) section 802(c) of the Parentage Act should be read to allow a pure support order limited to financial relief, harmonizing the statutes.
Issues
| Issue | Plaintiff's Argument (Department) | Defendant's Argument (Arevalo) | Held |
|---|---|---|---|
| Whether Illinois court could enter an initial child support order under UIFSA for children living in Mexico | UIFSA allows issuance of initial support orders for petitioners living outside Illinois; court’s role is ministerial to apply guidelines and set support | UIFSA cannot be used to enter support because doing so would require parentage/custody findings prohibited under UIFSA; other statutory prerequisites apply | Court affirmed dismissal: UIFSA requires applying Illinois substantive law; here that law (Parentage Act/Public Aid Code) requires custody/parentage process that would effect custody, which UIFSA forbids in such proceedings |
| Whether UIFSA itself creates a duty of support | Dept.: UIFSA permits establishment of support for out-of-state custodial parents and statutory forms suffice | Arevalo: UIFSA not sole remedy; state law governs duty to support | Held: UIFSA does not create substantive duty; forum must apply state law to determine existence of duty |
| Whether Illinois Public Aid Code or common law confers sufficient basis to obtain support without prior custody order | Dept.: Public Aid Code empowers Department to enforce support on behalf of custodial and noncustodial parents; common-law duty exists | Arevalo: No duty arises absent statutory procedure or custody order; UIFSA/Parentage Act control | Held: Public Aid Code does not supply present basis because it requires custody as a term of art (custody pursuant to court order); court declined to apply common-law duty as substitute |
| Whether parentage/paternity could be established (or is unnecessary) without an Illinois parentage judgment such that UIFSA support may be entered | Dept.: Respondent’s admissions and statutory presumption of paternity suffice; parentage order not required to award support | Arevalo: Parentage would have to be found via Parentage Act and custody implications follow; UIFSA precludes custody judgments | Held: Parentage Act requires a parentage judgment and §802(c) makes support an implicit custody judgment; because UIFSA bars custody determinations here, court cannot proceed to enter support under Parentage Act absent resolution in child’s home state |
Key Cases Cited
- In re Parentage of M.J., 203 Ill. 2d 526 (Ill. 2003) (addressing limits on common-law claims for child support under the Parentage Act)
- Lappe v. Department of Public Aid, 176 Ill. 2d 414 (Ill. 1997) (Department may enforce child support on behalf of aid recipients and nonrecipients)
- Eckiss v. McVaigh, 261 Ill. App. 3d 778 (Ill. App. Ct.) (historical recognition of parental common-law duty to support)
- Baldassone v. Gorzelanczyk, 282 Ill. App. 3d 330 (Ill. App. Ct.) (entry of paternity and child support are core orders in paternity actions)
- Portman v. Department of Human Services, 393 Ill. App. 3d 1084 (Ill. App. Ct.) (interpretation of "custodial parent" in Department regulations)