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90_HB0962ham002
LRB9000298SMdvam03
1 AMENDMENT TO HOUSE BILL 962
2 AMENDMENT NO. . Amend House Bill 962 by replacing
3 the title with the following:
4 "AN ACT regarding child support."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Public Aid Code is amended by
8 adding Section 10-10.4 as follows:
9 (305 ILCS 5/10-10.4 new)
10 Sec. 10-10.4. Tracking income and assets of obligors.
11 (a) A transfer made by an obligor is fraudulent as to an
12 obligee if the obligor made the transfer:
13 (1) with actual intent to hinder, delay, or defraud
14 any obligee of the obligor; or
15 (2) without receiving a reasonably equivalent value
16 in exchange for the transfer.
17 (b) In determining actual intent under paragraph (1) of
18 subsection (a), consideration may be given, among other
19 factors, to whether:
20 (1) the transfer was to an insider;
21 (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 10. The Illinois Marriage and Dissolution of
9 Marriage Act is amended by adding Sections 505.3, 714, and
10 715 as follows:
11 (750 ILCS 5/505.3 new)
12 Sec. 505.3. 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
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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 (750 ILCS 5/714 new)
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1 Sec. 714. Willful default on support; penalties. A
2 person who willfully defaults on an order for child support
3 issued by an Illinois court or authorized administrative
4 proceeding may be subject to summary criminal contempt
5 proceedings.
6 In addition to other remedies provided by law regarding
7 the suspension of professional and occupational licenses,
8 recreational licenses, and driver's licenses, the State
9 licensing agency shall have the authority to withhold or
10 suspend, or to restrict the use of driver's licenses,
11 professional and occupational licenses or certificates, and
12 recreational licenses of individuals owing overdue support or
13 failing, after receiving appropriate notice, to comply with
14 subpoenas or warrants relating to paternity or child support
15 proceedings. The suspension shall remain in effect until all
16 defaults on an order for child support are satisfied.
17 This Section applies to an order for child support issued
18 under the Illinois Public Aid Code, the Illinois Marriage and
19 Dissolution of Marriage Act, the Illinois Parentage Act of
20 1984, the Revised Uniform Reciprocal Enforcement of Support
21 Act, and the Uniform Interstate Family Support Act.
22 (750 ILCS 5/715 new)
23 Sec. 715. Information to locate support obligors and
24 putative fathers. The Illinois Department of Public Aid's
25 Child and Spouse Support Unit, the State's attorney, or any
26 other appropriate State official may request and shall
27 receive from employers, labor unions, telephone companies,
28 and utility companies location information concerning
29 putative fathers and noncustodial parents for the purpose of
30 establishing a child's paternity or establishing, enforcing,
31 or modifying a child support obligation. In this Section,
32 "location information" means information about (i) the
33 physical whereabouts of a putative father or noncustodial
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1 parent, (ii) the putative father or noncustodial parent's
2 employer, or (iii) the salary, wages, and other compensation
3 paid and the health insurance coverage provided to the
4 putative father or noncustodial parent by the putative father
5 or noncustodial parent or by a labor union of which the
6 putative father or noncustodial parent is a member.
7 Section 15. The Non-Support of Spouse and Children Act
8 is amended by changing Section 1 and adding Section 12.2 as
9 follows:
10 (750 ILCS 15/1) (from Ch. 40, par. 1101)
11 Sec. 1. Every person who shall, without any lawful
12 excuse, neglect or refuse to provide for the support or
13 maintenance of his spouse, said spouse being in need of such
14 support or maintenance, or any person who shall, without
15 lawful excuse, desert or neglect or refuse to provide for the
16 support or maintenance of his or her child or children under
17 the age of 18 years, in need of such support or maintenance,
18 shall be deemed guilty of a Class A misdemeanor and shall be
19 liable under the provisions of the Illinois Public Aid Code
20 "Public Aid Code of Illinois", approved April 11, 1967, to
21 the Supervisor of General Assistance or to the Illinois
22 Department of Public Aid, as the case may be, in a civil
23 action, for the amount of general assistance or assistance
24 provided to his spouse or children, or both his spouse and
25 children. In addition to any other penalties imposed for a
26 violation of this Section, the court shall sentence the
27 offender to service in a work alternative program
28 administered by the sheriff. The conditions of the program
29 are that the offender obtain or retain employment and
30 participate in a work alternative program administered by the
31 sheriff during nonworking hours. A portion of the
32 defendant's salary, as determined using the guidelines and
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1 standards set forth in subsection (a) of Section 505 and in
2 Section 505.2 of the Illinois Marriage and Dissolution of
3 Marriage Act shall be deducted to pay for spouse or child
4 support.
5 (Source: P.A. 77-2528.)
6 (750 ILCS 15/12.2 new)
7 Sec. 12.2. 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;
32 (10) the transfer occurred shortly before or
33 shortly after a substantial debt was incurred; and
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1 (11) the obligor transferred the essential assets
2 of a business to a lienor who transferred the assets to
3 an insider of the obligor.
4 (c) In an action for relief against a transfer by a
5 child support obligor under this Act, the State's Attorney,
6 on behalf of a child support obligee, may obtain:
7 (1) avoidance of the transfer to the extent
8 necessary to satisfy the obligee's claim;
9 (2) an attachment or other provisional remedy
10 against the asset transferred or other property of the
11 transferee in accordance with the procedure prescribed by
12 the Code of Civil Procedure;
13 (3) subject to applicable principles of equity and
14 in accordance with applicable rules of civil procedure,
15 (A) an injunction against further disposition
16 by the obligor or a transferee, or both, of the
17 asset transferred or of other property;
18 (B) appointment of a receiver to take charge
19 of the asset transferred or of other property of the
20 transferee; or
21 (C) any other relief the circumstances may
22 require.
23 (d) If an obligee has obtained a judgment on a claim
24 against the obligor, the State's Attorney, if the court so
25 orders, may levy execution on the asset transferred or its
26 proceeds.
27 Section 20. The Revised Uniform Reciprocal Enforcement
28 of Support Act is amended by adding Section 24.2 as follows:
29 (750 ILCS 20/24.2 new)
30 Sec. 24.2. Tracking income and assets of obligors.
31 (a) A transfer made by an obligor is fraudulent as to an
32 obligee if the obligor made the transfer:
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1 (1) with actual intent to hinder, delay, or defraud
2 any obligee of the obligor; or
3 (2) without receiving a reasonably equivalent value
4 in exchange for the transfer.
5 (b) In determining actual intent under paragraph (1) of
6 subsection (a), consideration may be given, among other
7 factors, to whether:
8 (1) the transfer was to an insider;
9 (2) the obligor retained possession or control of
10 the property transferred after the transfer;
11 (3) the transfer was disclosed or concealed;
12 (4) before the transfer was made, the obligor had
13 been sued or threatened with suit;
14 (5) the transfer was of substantially all the
15 obligor's assets;
16 (6) the obligor absconded;
17 (7) the obligor removed or concealed assets;
18 (8) the value of the consideration received by the
19 obligor was reasonably equivalent to the value of the
20 asset transferred;
21 (9) the obligor was insolvent or became insolvent
22 shortly after the transfer was made;
23 (10) the transfer occurred shortly before or
24 shortly after a substantial debt was incurred; and
25 (11) the obligor transferred the essential assets
26 of a business to a lienor who transferred the assets to
27 an insider of the obligor.
28 (c) In an action for relief against a transfer by a
29 child support obligor under this Act, the State's Attorney,
30 on behalf of a child support obligee, may obtain:
31 (1) avoidance of the transfer to the extent
32 necessary to satisfy the obligee's claim;
33 (2) an attachment or other provisional remedy
34 against the asset transferred or other property of the
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1 transferee in accordance with the procedure prescribed by
2 the Code of Civil Procedure;
3 (3) subject to applicable principles of equity and
4 in accordance with applicable rules of civil procedure,
5 (A) an injunction against further disposition
6 by the obligor or a transferee, or both, of the
7 asset transferred or of other property;
8 (B) appointment of a receiver to take charge
9 of the asset transferred or of other property of the
10 transferee; or
11 (C) any other relief the circumstances may
12 require.
13 (d) If an obligee has obtained a judgment on a claim
14 against the obligor, the State's Attorney, if the court so
15 orders, may levy execution on the asset transferred or its
16 proceeds.
17 Section 25. The Uniform Interstate Family Support Act is
18 amended by changing Section 318 as follows:
19 (750 ILCS 22/318)
20 Sec. 318. Assistance with discovery. A tribunal of this
21 State may:
22 (1) request a tribunal of another state to assist in
23 obtaining discovery; and
24 (2) upon request, compel a person over whom it has
25 jurisdiction to respond to a discovery order issued by a
26 tribunal of another state;.
27 (3) upon request by a tribunal of another state, issue a
28 subpoena or a subpoena duces tecum (in the case of a
29 tribunal authorized to issue subpoenas) or direct the clerk
30 of the circuit court to issue a subpoena or a subpoena duces
31 tecum (in the case of the circuit court) requiring a person
32 in this State to appear at a deposition or before a tribunal
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1 and answer questions or produce documents or other tangible
2 things for the purpose of obtaining information regarding
3 the person's assets, income, and ability to pay a support
4 order or judgment entered in the other state; and
5 (4) request a tribunal of another state to issue or
6 cause to be issued a subpoena or a subpoena duces tecum
7 requiring a person in the other state to appear at a
8 deposition or before a tribunal in that state and answer
9 questions or produce documents or other tangible things for
10 the purpose of obtaining information regarding the person's
11 assets, income, and ability to pay a support order or
12 judgment entered in this State.
13 The clerk of the circuit court shall issue a subpoena or
14 a subpoena duces tecum when directed to do so by the circuit
15 court in accordance with this Section.
16 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
17 by P.A. 88-691.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".