State of Illinois
90th General Assembly
Legislation

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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; and
11        (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.

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