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91_HB1435
LRB9100272SMpk
1 AN ACT regarding child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 adding Section 10-10.4 as follows:
6 (305 ILCS 5/10-10.4 new)
7 Sec. 10-10.4. Tracking income and assets of obligors.
8 (a) A transfer made by an obligor is fraudulent as to an
9 obligee if the obligor made the transfer:
10 (1) with actual intent to hinder, delay, or defraud
11 any obligee of the obligor; or
12 (2) without receiving a reasonably equivalent value
13 in exchange for the transfer.
14 (b) In determining actual intent under paragraph (1) of
15 subsection (a), consideration may be given, among other
16 factors, to whether:
17 (1) the transfer was to an insider;
18 (2) the obligor retained possession or control of
19 the property transferred after the transfer;
20 (3) the transfer was disclosed or concealed;
21 (4) before the transfer was made, the obligor had
22 been sued or threatened with suit;
23 (5) the transfer was of substantially all the
24 obligor's assets;
25 (6) the obligor absconded;
26 (7) the obligor removed or concealed assets;
27 (8) the value of the consideration received by the
28 obligor was reasonably equivalent to the value of the
29 asset transferred;
30 (9) the obligor was insolvent or became insolvent
31 shortly after the transfer was made;
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1 (10) the transfer occurred shortly before or
2 shortly after a substantial debt was incurred; and
3 (11) the obligor transferred the essential assets
4 of a business to a lienor who transferred the assets to
5 an insider of the obligor.
6 (c) In an action for relief against a transfer by a
7 child support obligor under this Act, the State's Attorney,
8 on behalf of a child support obligee, may obtain:
9 (1) avoidance of the transfer to the extent
10 necessary to satisfy the obligee's claim;
11 (2) an attachment or other provisional remedy
12 against the asset transferred or other property of the
13 transferee in accordance with the procedure prescribed by
14 the Code of Civil Procedure;
15 (3) subject to applicable principles of equity and
16 in accordance with applicable rules of civil procedure:
17 (A) an injunction against further disposition
18 by the obligor or a transferee, or both, of the
19 asset transferred or of other property;
20 (B) appointment of a receiver to take charge
21 of the asset transferred or of other property of the
22 transferee; or
23 (C) any other relief the circumstances may
24 require.
25 (d) If an obligee has obtained a judgment on a claim
26 against the obligor, the State's Attorney, if the court so
27 orders, may levy execution on the asset transferred or its
28 proceeds.
29 Section 10. The Illinois Marriage and Dissolution of
30 Marriage Act is amended by adding Sections 505.3, 714, and
31 715 as follows:
32 (750 ILCS 5/505.3 new)
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1 Sec. 505.3. Tracking income and assets of obligors.
2 (a) A transfer made by an obligor is fraudulent as to an
3 obligee if the obligor made the transfer:
4 (1) with actual intent to hinder, delay, or defraud
5 any obligee of the obligor; or
6 (2) without receiving a reasonably equivalent value
7 in exchange for the transfer.
8 (b) In determining actual intent under paragraph (1) of
9 subsection (a), consideration may be given, among other
10 factors, to whether:
11 (1) the transfer was to an insider;
12 (2) the obligor retained possession or control of
13 the property transferred after the transfer;
14 (3) the transfer was disclosed or concealed;
15 (4) before the transfer was made, the obligor had
16 been sued or threatened with suit;
17 (5) the transfer was of substantially all the
18 obligor's assets;
19 (6) the obligor absconded;
20 (7) the obligor removed or concealed assets;
21 (8) the value of the consideration received by the
22 obligor was reasonably equivalent to the value of the
23 asset transferred;
24 (9) the obligor was insolvent or became insolvent
25 shortly after the transfer was made;
26 (10) the transfer occurred shortly before or
27 shortly after a substantial debt was incurred; and
28 (11) the obligor transferred the essential assets
29 of a business to a lienor who transferred the assets to
30 an insider of the obligor.
31 (c) In an action for relief against a transfer by a
32 child support obligor under this Act, the State's Attorney,
33 on behalf of a child support obligee, may obtain:
34 (1) avoidance of the transfer to the extent
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1 necessary to satisfy the obligee's claim;
2 (2) an attachment or other provisional remedy
3 against the asset transferred or other property of the
4 transferee in accordance with the procedure prescribed by
5 the Code of Civil Procedure;
6 (3) subject to applicable principles of equity and
7 in accordance with applicable rules of civil procedure:
8 (A) an injunction against further disposition
9 by the obligor or a transferee, or both, of the
10 asset transferred or of other property;
11 (B) appointment of a receiver to take charge
12 of the asset transferred or of other property of the
13 transferee; or
14 (C) any other relief the circumstances may
15 require.
16 (d) If an obligee has obtained a judgment on a claim
17 against the obligor, the State's Attorney, if the court so
18 orders, may levy execution on the asset transferred or its
19 proceeds.
20 (750 ILCS 5/714 new)
21 Sec. 714. Willful default on support; penalties. A
22 person who willfully defaults on an order for child support
23 issued by an Illinois court or authorized administrative
24 proceeding may be subject to summary criminal contempt
25 proceedings.
26 In addition to other remedies provided by law regarding
27 the suspension of professional and occupational licenses,
28 recreational licenses, and driver's licenses, the State
29 licensing agency shall have the authority to withhold or
30 suspend, or to restrict the use of driver's licenses,
31 professional and occupational licenses or certificates, and
32 recreational licenses of individuals owing overdue support or
33 failing, after receiving appropriate notice, to comply with
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1 subpoenas or warrants relating to paternity or child support
2 proceedings. The suspension shall remain in effect until all
3 defaults on an order for child support are satisfied.
4 This Section applies to an order for child support issued
5 under the Illinois Public Aid Code, the Illinois Marriage and
6 Dissolution of Marriage Act, the Illinois Parentage Act of
7 1984, the Revised Uniform Reciprocal Enforcement of Support
8 Act, and the Uniform Interstate Family Support Act.
9 (750 ILCS 5/715 new)
10 Sec. 715. Information to locate support obligors and
11 putative fathers. The Illinois Department of Public Aid's
12 Child and Spouse Support Unit, the State's Attorney, or any
13 other appropriate State official may request and shall
14 receive from employers, labor unions, telephone companies,
15 and utility companies location information concerning
16 putative fathers and noncustodial parents for the purpose of
17 establishing a child's paternity or establishing, enforcing,
18 or modifying a child support obligation. In this Section,
19 "location information" means information about (i) the
20 physical whereabouts of a putative father or noncustodial
21 parent, (ii) the putative father or noncustodial parent's
22 employer, or (iii) the salary, wages, and other compensation
23 paid and the health insurance coverage provided to the
24 putative father or noncustodial parent by an employer or by a
25 labor union of which the putative father or noncustodial
26 parent is a member.
27 Section 15. The Non-Support of Spouse and Children Act
28 is amended by adding Section 12.2 as follows:
29 (750 ILCS 15/12.2 new)
30 Sec. 12.2. Tracking income and assets of obligors.
31 (a) A transfer made by an obligor is fraudulent as to an
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1 obligee if the obligor made the transfer:
2 (1) with actual intent to hinder, delay, or defraud
3 any obligee of the obligor; or
4 (2) without receiving a reasonably equivalent value
5 in exchange for the transfer.
6 (b) In determining actual intent under paragraph (1) of
7 subsection (a), consideration may be given, among other
8 factors, to whether:
9 (1) the transfer was to an insider;
10 (2) the obligor retained possession or control of
11 the property transferred after the transfer;
12 (3) the transfer was disclosed or concealed;
13 (4) before the transfer was made, the obligor had
14 been sued or threatened with suit;
15 (5) the transfer was of substantially all the
16 obligor's assets;
17 (6) the obligor absconded;
18 (7) the obligor removed or concealed assets;
19 (8) the value of the consideration received by the
20 obligor was reasonably equivalent to the value of the
21 asset transferred;
22 (9) the obligor was insolvent or became insolvent
23 shortly after the transfer was made;
24 (10) the transfer occurred shortly before or
25 shortly after a substantial debt was incurred; and
26 (11) the obligor transferred the essential assets
27 of a business to a lienor who transferred the assets to
28 an insider of the obligor.
29 (c) In an action for relief against a transfer by a
30 child support obligor under this Act, the State's Attorney,
31 on behalf of a child support obligee, may obtain:
32 (1) avoidance of the transfer to the extent
33 necessary to satisfy the obligee's claim;
34 (2) an attachment or other provisional remedy
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1 against the asset transferred or other property of the
2 transferee in accordance with the procedure prescribed by
3 the Code of Civil Procedure;
4 (3) subject to applicable principles of equity and
5 in accordance with applicable rules of civil procedure:
6 (A) an injunction against further disposition
7 by the obligor or a transferee, or both, of the
8 asset transferred or of other property;
9 (B) appointment of a receiver to take charge
10 of the asset transferred or of other property of the
11 transferee; or
12 (C) any other relief the circumstances may
13 require.
14 (d) If an obligee has obtained a judgment on a claim
15 against the obligor, the State's Attorney, if the court so
16 orders, may levy execution on the asset transferred or its
17 proceeds.
18 Section 20. The Revised Uniform Reciprocal Enforcement
19 of Support Act is amended by adding Section 24.2 as follows:
20 (750 ILCS 20/24.2 new)
21 Sec. 24.2. Tracking income and assets of obligors.
22 (a) A transfer made by an obligor is fraudulent as to an
23 obligee if the obligor made the transfer:
24 (1) with actual intent to hinder, delay, or defraud
25 any obligee of the obligor; or
26 (2) without receiving a reasonably equivalent value
27 in exchange for the transfer.
28 (b) In determining actual intent under paragraph (1) of
29 subsection (a), consideration may be given, among other
30 factors, to whether:
31 (1) the transfer was to an insider;
32 (2) the obligor retained possession or control of
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1 the property transferred after the transfer;
2 (3) the transfer was disclosed or concealed;
3 (4) before the transfer was made, the obligor had
4 been sued or threatened with suit;
5 (5) the transfer was of substantially all the
6 obligor's assets;
7 (6) the obligor absconded;
8 (7) the obligor removed or concealed assets;
9 (8) the value of the consideration received by the
10 obligor was reasonably equivalent to the value of the
11 asset transferred;
12 (9) the obligor was insolvent or became insolvent
13 shortly after the transfer was made;
14 (10) the transfer occurred shortly before or
15 shortly after a substantial debt was incurred; and
16 (11) the obligor transferred the essential assets
17 of a business to a lienor who transferred the assets to
18 an insider of the obligor.
19 (c) In an action for relief against a transfer by a
20 child support obligor under this Act, the State's Attorney,
21 on behalf of a child support obligee, may obtain:
22 (1) avoidance of the transfer to the extent
23 necessary to satisfy the obligee's claim;
24 (2) an attachment or other provisional remedy
25 against the asset transferred or other property of the
26 transferee in accordance with the procedure prescribed by
27 the Code of Civil Procedure;
28 (3) subject to applicable principles of equity and
29 in accordance with applicable rules of civil procedure:
30 (A) an injunction against further disposition
31 by the obligor or a transferee, or both, of the
32 asset transferred or of other property;
33 (B) appointment of a receiver to take charge
34 of the asset transferred or of other property of the
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1 transferee; or
2 (C) any other relief the circumstances may
3 require.
4 (d) If an obligee has obtained a judgment on a claim
5 against the obligor, the State's Attorney, if the court so
6 orders, may levy execution on the asset transferred or its
7 proceeds.
8 Section 25. The Uniform Interstate Family Support Act is
9 amended by changing Section 318 as follows:
10 (750 ILCS 22/318)
11 Sec. 318. Assistance with discovery. A tribunal of this
12 State may:
13 (1) request a tribunal of another state to assist in
14 obtaining discovery; and
15 (2) upon request, compel a person over whom it has
16 jurisdiction to respond to a discovery order issued by a
17 tribunal of another state;.
18 (3) upon request by a tribunal of another state, issue a
19 subpoena or a subpoena duces tecum (in the case of a
20 tribunal authorized to issue subpoenas) or direct the clerk
21 of the circuit court to issue a subpoena or a subpoena duces
22 tecum (in the case of the circuit court) requiring a person
23 in this State to appear at a deposition or before a tribunal
24 and answer questions or produce documents or other tangible
25 things for the purpose of obtaining information regarding
26 the person's assets, income, and ability to pay a support
27 order or judgment entered in the other state; and
28 (4) request a tribunal of another state to issue or
29 cause to be issued a subpoena or a subpoena duces tecum
30 requiring a person in the other state to appear at a
31 deposition or before a tribunal in that state and answer
32 questions or produce documents or other tangible things for
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1 the purpose of obtaining information regarding the person's
2 assets, income, and ability to pay a support order or
3 judgment entered in this State.
4 The clerk of the circuit court shall issue a subpoena or
5 a subpoena duces tecum when directed to do so by the circuit
6 court in accordance with this Section.
7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
8 by P.A. 88-691.)
9 Section 30. The Illinois Parentage Act of 1984 is
10 amended by adding Section 15.3 as follows:
11 (750 ILCS 45/15.3 new)
12 Sec. 15.3. Tracking income and assets of obligors.
13 (a) A transfer made by an obligor is fraudulent as to an
14 obligee if the obligor made the transfer:
15 (1) with actual intent to hinder, delay, or defraud
16 any obligee of the obligor; or
17 (2) without receiving a reasonably equivalent value
18 in exchange for the transfer.
19 (b) In determining actual intent under paragraph (1) of
20 subsection (a), consideration may be given, among other
21 factors, to whether:
22 (1) the transfer was to an insider;
23 (2) the obligor retained possession or control of
24 the property transferred after the transfer;
25 (3) the transfer was disclosed or concealed;
26 (4) before the transfer was made, the obligor had
27 been sued or threatened with suit;
28 (5) the transfer was of substantially all the
29 obligor's assets;
30 (6) the obligor absconded;
31 (7) the obligor removed or concealed assets;
32 (8) the value of the consideration received by the
-11- LRB9100272SMpk
1 obligor was reasonably equivalent to the value of the
2 asset transferred;
3 (9) the obligor was insolvent or became insolvent
4 shortly after the transfer was made;
5 (10) the transfer occurred shortly before or
6 shortly after a substantial debt was incurred; and
7 (11) the obligor transferred the essential assets
8 of a business to a lienor who transferred the assets to
9 an insider of the obligor.
10 (c) In an action for relief against a transfer by a
11 child support obligor under this Act, the State's Attorney,
12 on behalf of a child support obligee, may obtain:
13 (1) avoidance of the transfer to the extent
14 necessary to satisfy the obligee's claim;
15 (2) an attachment or other provisional remedy
16 against the asset transferred or other property of the
17 transferee in accordance with the procedure prescribed by
18 the Code of Civil Procedure;
19 (3) subject to applicable principles of equity and
20 in accordance with applicable rules of civil procedure:
21 (A) an injunction against further disposition
22 by the obligor or a transferee, or both, of the
23 asset transferred or of other property;
24 (B) appointment of a receiver to take charge
25 of the asset transferred or of other property of the
26 transferee; or
27 (C) any other relief the circumstances may
28 require.
29 (d) If an obligee has obtained a judgment on a claim
30 against the obligor, the State's Attorney, if the court so
31 orders, may levy execution on the asset transferred or its
32 proceeds.
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 305 ILCS 5/10-10.4 new
4 750 ILCS 5/505.3 new
5 750 ILCS 5/714 new
6 750 ILCS 5/715 new
7 750 ILCS 15/12.2 new
8 750 ILCS 20/24.2 new
9 750 ILCS 22/318
10 750 ILCS 45/15.3 new