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
STATE MANDATES FISCAL NOTE
HB2152 fails to create a State Mandate.
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
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 1
END OF INQUIRY
Full Text Bill Status