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91_SB1269
LRB9109183WHdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 713.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 713 as follows:
7 (750 ILCS 5/713) (from Ch. 40, par. 713)
8 Sec. 713. Attachment of the Body. As used in this
9 Section, "obligor" has the same meaning ascribed to such term
10 in the Income Withholding for Support Act.
11 (a) In any proceeding to enforce an order for support,
12 where the obligor has failed to appear in court pursuant to
13 order of court and after due notice thereof, the court may
14 enter an order for the attachment of the body of the obligor.
15 Notices under this Section shall be served upon the obligor
16 by any means authorized under subsection (a-5) of Section
17 505. The attachment order shall fix an amount of escrow
18 which is equal to a minimum of 20% of the total child support
19 arrearage alleged by the obligee in sworn testimony to be due
20 and owing. The attachment order shall direct the Sheriff of
21 any county in Illinois to take the obligor into custody and
22 shall set the number of days following release from custody
23 for a hearing to be held at which the obligor must appear, if
24 he is released under subsection (b) (c) of this Section. If
25 an attachment order has issued to take an obligor into
26 custody, law enforcement officers may not notify the obligor
27 of the existence of the order before the order is executed.
28 (b) If the obligor is taken into custody, the Sheriff
29 shall take the obligor before the court which entered the
30 attachment order. However, the Sheriff may release the
31 person after he or she has deposited the amount of escrow
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1 ordered by the court pursuant to local procedures for the
2 posting of bond. The Sheriff shall advise the obligor of the
3 hearing date at which the obligor is required to appear.
4 (c) Any escrow deposited pursuant to this Section shall
5 be transmitted to the Clerk of the Circuit Court for the
6 county in which the order for attachment of the body of the
7 obligor was entered. Any Clerk who receives money deposited
8 into escrow pursuant to this Section shall notify the
9 obligee, public office or legal counsel whose name appears on
10 the attachment order of the court date at which the obligor
11 is required to appear and the amount deposited into escrow.
12 The Clerk shall disburse such money to the obligee only under
13 an order from the court that entered the attachment order
14 pursuant to this Section.
15 (d) Whenever an obligor is taken before the court by the
16 Sheriff, or appears in court after the court has ordered the
17 attachment of his body, the court shall:
18 (1) hold a hearing on the complaint or petition
19 that gave rise to the attachment order. For purposes of
20 determining arrearages that are due and owing by the
21 obligor, the court shall accept the previous sworn
22 testimony of the obligee as true and the appearance of
23 the obligee shall not be required. The court shall
24 require sworn testimony of the obligor as to his or her
25 Social Security number, income, employment, bank
26 accounts, property and any other assets. If there is a
27 dispute as to the total amount of arrearages, the court
28 shall proceed as in any other case as to the undisputed
29 amounts; and
30 (2) order the Clerk of the Circuit Court to
31 disburse to the obligee or public office money held in
32 escrow pursuant to this Section if the court finds that
33 the amount of arrearages exceeds the amount of the
34 escrow. Amounts received by the obligee or public office
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1 shall be deducted from the amount of the arrearages.
2 (e) If the obligor fails to appear in court after being
3 notified of the court date by the Sheriff upon release from
4 custody, the court shall order any monies deposited into
5 escrow to be immediately released to the obligee or public
6 office and shall proceed under subsection (a) of this Section
7 by entering another order for the attachment of the body of
8 the obligor.
9 (f) This Section shall apply to any order for support
10 issued under the "Illinois Marriage and Dissolution of
11 Marriage Act", approved September 22, 1977, as amended; the
12 "Illinois Parentage Act of 1984", effective July 1, 1985, as
13 amended; the "Revised Uniform Reciprocal Enforcement of
14 Support Act", approved August 28, 1969, as amended; "The
15 Illinois Public Aid Code", approved April 11, 1967, as
16 amended; the Non-Support Punishment Act; and the "Non-support
17 of Spouse and Children Act", approved June 8, 1953, as
18 amended.
19 (g) Any escrow established pursuant to this Section for
20 the purpose of providing support shall not be subject to fees
21 collected by the Clerk of the Circuit Court for any other
22 escrow.
23 (Source: P.A. 90-673, eff. 1-1-99; 91-113, eff. 7-15-99;
24 91-613, eff. 10-1-99; revised 10-7-99.)