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[ Introduced ] | [ House Amendment 002 ] |
90_HB0962eng 750 ILCS 5/714 new 750 ILCS 5/715 new Amends the Illinois Marriage and Dissolution of Marriage Act by providing that a person who willfully defaults on an order for child support may be subject to summary criminal contempt proceedings. Provides that each State agency shall suspend any license or certificate issued by that agency to a person found guilty of criminal contempt. Effective immediately. LRB9000298SMcw HB0962 Engrossed LRB9000298SMcw 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; HB0962 Engrossed -2- LRB9000298SMcw 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) HB0962 Engrossed -3- LRB9000298SMcw 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 HB0962 Engrossed -4- LRB9000298SMcw 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 HB0962 Engrossed -5- LRB9000298SMcw 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 the putative father 25 or noncustodial parent or by a labor union of which the 26 putative father or noncustodial parent is a member. 27 Section 15. The Non-Support of Spouse and Children Act 28 is amended by changing Section 1 and adding Section 12.2 as 29 follows: 30 (750 ILCS 15/1) (from Ch. 40, par. 1101) 31 Sec. 1. Every person who shall, without any lawful HB0962 Engrossed -6- LRB9000298SMcw 1 excuse, neglect or refuse to provide for the support or 2 maintenance of his spouse, said spouse being in need of such 3 support or maintenance, or any person who shall, without 4 lawful excuse, desert or neglect or refuse to provide for the 5 support or maintenance of his or her child or children under 6 the age of 18 years, in need of such support or maintenance, 7 shall be deemed guilty of a Class A misdemeanor and shall be 8 liable under the provisions of the Illinois Public Aid Code 9"Public Aid Code of Illinois", approved April 11, 1967,to 10 the Supervisor of General Assistance or to the Illinois 11 Department of Public Aid, as the case may be, in a civil 12 action, for the amount of general assistance or assistance 13 provided to his spouse or children, or both his spouse and 14 children. In addition to any other penalties imposed for a 15 violation of this Section, the court shall sentence the 16 offender to service in a work alternative program 17 administered by the sheriff. The conditions of the program 18 are that the offender obtain or retain employment and 19 participate in a work alternative program administered by the 20 sheriff during nonworking hours. A portion of the 21 defendant's salary, as determined using the guidelines and 22 standards set forth in subsection (a) of Section 505 and in 23 Section 505.2 of the Illinois Marriage and Dissolution of 24 Marriage Act shall be deducted to pay for spouse or child 25 support. 26 (Source: P.A. 77-2528.) 27 (750 ILCS 15/12.2 new) 28 Sec. 12.2. Tracking income and assets of obligors. 29 (a) A transfer made by an obligor is fraudulent as to an 30 obligee if the obligor made the transfer: 31 (1) with actual intent to hinder, delay, or defraud 32 any obligee of the obligor; or 33 (2) without receiving a reasonably equivalent value HB0962 Engrossed -7- LRB9000298SMcw 1 in exchange for the transfer. 2 (b) In determining actual intent under paragraph (1) of 3 subsection (a), consideration may be given, among other 4 factors, to whether: 5 (1) the transfer was to an insider; 6 (2) the obligor retained possession or control of 7 the property transferred after the transfer; 8 (3) the transfer was disclosed or concealed; 9 (4) before the transfer was made, the obligor had 10 been sued or threatened with suit; 11 (5) the transfer was of substantially all the 12 obligor's assets; 13 (6) the obligor absconded; 14 (7) the obligor removed or concealed assets; 15 (8) the value of the consideration received by the 16 obligor was reasonably equivalent to the value of the 17 asset transferred; 18 (9) the obligor was insolvent or became insolvent 19 shortly after the transfer was made; 20 (10) the transfer occurred shortly before or 21 shortly after a substantial debt was incurred; and 22 (11) the obligor transferred the essential assets 23 of a business to a lienor who transferred the assets to 24 an insider of the obligor. 25 (c) In an action for relief against a transfer by a 26 child support obligor under this Act, the State's Attorney, 27 on behalf of a child support obligee, may obtain: 28 (1) avoidance of the transfer to the extent 29 necessary to satisfy the obligee's claim; 30 (2) an attachment or other provisional remedy 31 against the asset transferred or other property of the 32 transferee in accordance with the procedure prescribed by 33 the Code of Civil Procedure; 34 (3) subject to applicable principles of equity and HB0962 Engrossed -8- LRB9000298SMcw 1 in accordance with applicable rules of civil procedure, 2 (A) an injunction against further disposition 3 by the obligor or a transferee, or both, of the 4 asset transferred or of other property; 5 (B) appointment of a receiver to take charge 6 of the asset transferred or of other property of the 7 transferee; or 8 (C) any other relief the circumstances may 9 require. 10 (d) If an obligee has obtained a judgment on a claim 11 against the obligor, the State's Attorney, if the court so 12 orders, may levy execution on the asset transferred or its 13 proceeds. 14 Section 20. The Revised Uniform Reciprocal Enforcement 15 of Support Act is amended by adding Section 24.2 as follows: 16 (750 ILCS 20/24.2 new) 17 Sec. 24.2. Tracking income and assets of obligors. 18 (a) A transfer made by an obligor is fraudulent as to an 19 obligee if the obligor made the transfer: 20 (1) with actual intent to hinder, delay, or defraud 21 any obligee of the obligor; or 22 (2) without receiving a reasonably equivalent value 23 in exchange for the transfer. 24 (b) In determining actual intent under paragraph (1) of 25 subsection (a), consideration may be given, among other 26 factors, to whether: 27 (1) the transfer was to an insider; 28 (2) the obligor retained possession or control of 29 the property transferred after the transfer; 30 (3) the transfer was disclosed or concealed; 31 (4) before the transfer was made, the obligor had 32 been sued or threatened with suit; HB0962 Engrossed -9- LRB9000298SMcw 1 (5) the transfer was of substantially all the 2 obligor's assets; 3 (6) the obligor absconded; 4 (7) the obligor removed or concealed assets; 5 (8) the value of the consideration received by the 6 obligor was reasonably equivalent to the value of the 7 asset transferred; 8 (9) the obligor was insolvent or became insolvent 9 shortly after the transfer was made; 10 (10) the transfer occurred shortly before or 11 shortly after a substantial debt was incurred; and 12 (11) the obligor transferred the essential assets 13 of a business to a lienor who transferred the assets to 14 an insider of the obligor. 15 (c) In an action for relief against a transfer by a 16 child support obligor under this Act, the State's Attorney, 17 on behalf of a child support obligee, may obtain: 18 (1) avoidance of the transfer to the extent 19 necessary to satisfy the obligee's claim; 20 (2) an attachment or other provisional remedy 21 against the asset transferred or other property of the 22 transferee in accordance with the procedure prescribed by 23 the Code of Civil Procedure; 24 (3) subject to applicable principles of equity and 25 in accordance with applicable rules of civil procedure, 26 (A) an injunction against further disposition 27 by the obligor or a transferee, or both, of the 28 asset transferred or of other property; 29 (B) appointment of a receiver to take charge 30 of the asset transferred or of other property of the 31 transferee; or 32 (C) any other relief the circumstances may 33 require. 34 (d) If an obligee has obtained a judgment on a claim HB0962 Engrossed -10- LRB9000298SMcw 1 against the obligor, the State's Attorney, if the court so 2 orders, may levy execution on the asset transferred or its 3 proceeds. 4 Section 25. The Uniform Interstate Family Support Act is 5 amended by changing Section 318 as follows: 6 (750 ILCS 22/318) 7 Sec. 318. Assistance with discovery. A tribunal of this 8 State may: 9 (1) request a tribunal of another state to assist in 10 obtaining discovery;and11 (2) upon request, compel a person over whom it has 12 jurisdiction to respond to a discovery order issued by a 13 tribunal of another state;.14 (3) upon request by a tribunal of another state, issue a 15 subpoena or a subpoena duces tecum (in the case of a 16 tribunal authorized to issue subpoenas) or direct the clerk 17 of the circuit court to issue a subpoena or a subpoena duces 18 tecum (in the case of the circuit court) requiring a person 19 in this State to appear at a deposition or before a tribunal 20 and answer questions or produce documents or other tangible 21 things for the purpose of obtaining information regarding 22 the person's assets, income, and ability to pay a support 23 order or judgment entered in the other state; and 24 (4) request a tribunal of another state to issue or 25 cause to be issued a subpoena or a subpoena duces tecum 26 requiring a person in the other state to appear at a 27 deposition or before a tribunal in that state and answer 28 questions or produce documents or other tangible things for 29 the purpose of obtaining information regarding the person's 30 assets, income, and ability to pay a support order or 31 judgment entered in this State. 32 The clerk of the circuit court shall issue a subpoena or HB0962 Engrossed -11- LRB9000298SMcw 1 a subpoena duces tecum when directed to do so by the circuit 2 court in accordance with this Section. 3 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 4 by P.A. 88-691.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.