Illinois General Assembly - Illinois Compiled Statutes

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750 ILCS 5/713

(750 ILCS 5/713) (from Ch. 40, par. 713)

Sec. 713. Attachment of the Body.

As used in this Section,
"obligor" has the same meaning ascribed to such term in the Income
Withholding for Support Act.

(a) In any proceeding to enforce an order for support, where the
obligor has failed to appear in court pursuant to order of court and after
due notice thereof, the court may enter an order for the attachment of the
body of the obligor.  Notices under this Section shall be served upon the
obligor
by any means authorized under subsection (a-5) of Section 505.  The attachment
order shall fix an amount of escrow which is equal to a minimum of 20% of
the total child support arrearage alleged by the obligee in sworn testimony
to be due and owing.  The attachment order shall direct the Sheriff of any
county in Illinois to take the obligor into custody and shall set the
number of days following release from custody for a hearing to be held at
which the obligor must appear, if he is released under subsection (b) of this
Section.

(b) If the obligor is taken into custody, the Sheriff shall take the obligor
before the court which entered the attachment order.  However, the Sheriff may
release the person after he or she has deposited the amount of escrow ordered
by the court pursuant to local procedures for the posting of bond.  The
Sheriff shall advise the obligor of the hearing date at which the obligor
is required to appear.

(c) Any escrow deposited pursuant to this Section shall be transmitted
to the Clerk of the Circuit Court for the county in which the order for
attachment of the body of the obligor was entered.  Any Clerk who receives
money deposited into escrow pursuant to this Section shall notify the
obligee, public office or legal counsel whose name appears on the
attachment order of the court date at which the obligor is required to
appear and the amount deposited into escrow.
The Clerk shall disburse
such money to the obligee only under an order from the court that entered
the attachment order pursuant to this Section.

(d) Whenever an obligor is taken before the court by the Sheriff, or appears
in court after the court has ordered the attachment of his body, the court
shall:

(1) hold a hearing on the complaint or petition that

gave rise to the attachment order.  For purposes of determining arrearages that are due and owing by the obligor, the court shall accept the previous sworn testimony of the obligee as true and the appearance of the obligee shall not be required. The court shall require sworn testimony of the obligor as to the last 4 digits of his or her Social Security number, income, employment, bank accounts, property and any other assets.  If there is a dispute as to the total amount of arrearages, the court shall proceed as in any other case as to the undisputed amounts; and

(2) order the Clerk of the Circuit Court to disburse

to the obligee or public office money held in escrow pursuant to this Section if the court finds that the amount of arrearages exceeds the amount of the escrow.  Amounts received by the obligee or public office shall be deducted from the amount of the arrearages.

(e) If the obligor fails to appear in court after being notified of the
court date by the Sheriff upon release from custody, the court shall order
any monies deposited into escrow to be immediately released to the obligee
or public office and shall proceed under subsection (a) of this Section
by entering another order for the attachment of the body of the obligor.

(f) This Section shall apply to any order for support issued under the
"Illinois Marriage and Dissolution of Marriage Act", approved September
22, 1977, as amended; the Illinois Parentage Act of 2015; the "Illinois Parentage Act of 1984", effective July
1, 1985, as amended; the "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended; "The Illinois Public Aid Code",
approved April 11, 1967, as amended; the Non-Support Punishment Act; and the
"Non-support of Spouse and
Children Act", approved June 8, 1953, as amended.

(g) Any escrow established pursuant to this Section for the purpose of
providing support shall not be subject to fees collected by the Clerk of
the Circuit Court for any other escrow.

(Source: P.A. 99-85, eff. 1-1-16.)