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90_HB3413
305 ILCS 5/10-10.4 new
750 ILCS 5/505.3 new
750 ILCS 5/714 new
750 ILCS 5/715 new
750 ILCS 15/1 from Ch. 40, par. 1101
750 ILCS 15/12.2 new
750 ILCS 22/318
Amends the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, and the
Illinois Public Aid Code with regard to enforcement of child
support orders to address the fraudulent transfer of assets
by child support obligors to avoid support obligations.
Further Amends the Illinois Marriage and Dissolution of
Marriage Act to provide 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 withhold, suspend, or restrict the use of any
license or certificate issued by that agency to a person
found guilty of criminal contempt and authorizes the
Department of Public Aid, in addition to others, to receive
location information for child support establishment and
enforcement purposes from employers, labor unions, telephone
companies, and utility companies. Amends the Non-Support of
Spouse and Children Act to provide that a person convicted of
non-support may be sentenced to an alternative work program.
Amends the Uniform Interstate Family Support Act to
facilitate the discovery of income and assets of out of State
child support obligors through the issuance of a subpoena by
the obligor's current state of residence upon the request of
a tribunal of the state where the child support order is
entered. Effective immediately.
LRB9010820SMpk
LRB9010820SMpk
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;
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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)
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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
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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
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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 employer of the
25 putative father or noncustodial parent or by a labor union of
26 which the 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
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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
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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
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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 Uniform Interstate Family Support Act is
15 amended by changing Section 318 as follows:
16 (750 ILCS 22/318)
17 Sec. 318. Assistance with discovery. A tribunal of this
18 State may:
19 (1) request a tribunal of another state to assist in
20 obtaining discovery; and
21 (2) upon request, compel a person over whom it has
22 jurisdiction to respond to a discovery order issued by a
23 tribunal of another state;.
24 (3) upon request by a tribunal of another state, issue a
25 subpoena or a subpoena duces tecum (in the case of a
26 tribunal authorized to issue subpoenas) or direct the clerk
27 of the circuit court to issue a subpoena or a subpoena duces
28 tecum (in the case of the circuit court) requiring a person
29 in this State to appear at a deposition or before a tribunal
30 and answer questions or produce documents or other tangible
31 things for the purpose of obtaining information regarding
32 the person's assets, income, and ability to pay a support
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1 order or judgment entered in the other state; and
2 (4) request a tribunal of another state to issue or
3 cause to be issued a subpoena or a subpoena duces tecum
4 requiring a person in the other state to appear at a
5 deposition or before a tribunal in that state and answer
6 questions or produce documents or other tangible things for
7 the purpose of obtaining information regarding the person's
8 assets, income, and ability to pay a support order or
9 judgment entered in this State.
10 The clerk of the circuit court shall issue a subpoena or
11 a subpoena duces tecum when directed to do so by the circuit
12 court in accordance with this Section.
13 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
14 by P.A. 88-691.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.