90th General Assembly
Summary of HB2152
   [ Home ]   [ Back ]   [ Legislation ]
Please enter a bill number.

 Full Text  Bill Status
House Sponsors:

Senate Sponsors:

Short description: 
CHILD SUPPRT-DISCOVERNG ASSETS                                             

Synopsis of Bill as introduced:
        Amends the Illinois Marriage and Dissolution of Marriage Act  and      
   the Illinois Parentage Act of 1984  to  provide  that  the  court  may      
   pierce  the  ownership  veil  of  an  entity  to  discover assets of a      
   non-custodial parent held in the name of that entity  if  there  is  a      
   financial  unity of interest between the two.  Provides that the court      
   may order discovery of the assets and compel the  application  of  any      
   discovered  assets  toward  payment on the judgment for support if the      
   non-custodial parent and the entity maintain records together, fail to      
   maintain an arms length relationship between themselves with regard to      
   any assets, or the non-custodial parent transfers assets to the entity      
   with the intent to perpetrate a fraud on the custodial parent.  Amends      
   the Code of Civil Procedure in  provisions  regarding  enforcement  of      
   judgments  to  provide for enforcement against assets discovered under      
   this procedure.                                                             
          STATE MANDATES FISCAL NOTE                                           
          HB2152 fails to create a State Mandate.                              
          JUDICIAL NOTE                                                        
          Impact on the need to increase the number of judges in the           
          State cannot be determined.                                          
          FISCAL NOTE (Office of Ill. Courts)                                  
          Fiscal impact on the Judicial Branch cannot be determined.           
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that assets discovered  under  the  procedure  described      
   shall  be  subject  to  attachment  or  other  provisional  remedy  in      
   accordance  with  the  procedure  prescribed  by  the  Code  of  Civil      
        SENATE AMENDMENT NO. 1.                                                
        Provides that the court may not authorize attachment of  property      
   or  any other provisional remedy under provisions of the Code of Civil      
   Procedure regarding what is liable to enforcement unless the court has      
   obtained jurisdiction over the entity holding title to the property by      
   proper service on that entity. With respect to assets which  are  real      
   property,  no  order  entered  under provisions regarding piercing the      
   ownership veil to enforce a support order shall affect the  rights  of      
   bona  fide  purchasers,  mortgagees, judgment creditors, or other lien      
   holders who acquire their interests in the property prior to the  time      
   a  notice  of lis pendens pursuant to the Code of Civil Procedure or a      
   copy of the order is placed of record in the office of the recorder of      
   deeds for the county in which the real property is located.                 
Last action on Bill: PUBLIC ACT.............................. 90-0476

   Last action date: 97-08-17

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


 Full Text  Bill Status