093_HB0016

 
                                     LRB093 02284 DRJ 02292 b

 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    changing Sections 10-10 and 10-11 and adding Section  10-10.6
 6    as follows:

 7        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
 8        Sec.  10-10.  Court  enforcement;  applicability  also to
 9    persons who are not applicants or recipients.   Except  where
10    the  Illinois  Department,  by  agreement, acts for the local
11    governmental unit,  as  provided  in  Section  10-3.1,  local
12    governmental  units shall refer to the State's Attorney or to
13    the proper legal representative of the governmental unit, for
14    judicial  enforcement  as  herein  provided,   instances   of
15    non-support  or  insufficient support when the dependents are
16    applicants or recipients under Article  VI.   The  Child  and
17    Spouse   Support  Unit  established  by  Section  10-3.1  may
18    institute in behalf of the Illinois  Department  any  actions
19    under  this  Section  for judicial enforcement of the support
20    liability  when  the  dependents  are   (a)   applicants   or
21    recipients  under  Articles III, IV, V or VII; (b) applicants
22    or recipients in a local governmental unit when the  Illinois
23    Department,   by   agreement,  acts  for  the  unit;  or  (c)
24    non-applicants or  non-recipients  who  are  receiving  child
25    support   enforcement  services  under  this  Article  X,  as
26    provided in Section 10-1.  Where the Child and Spouse Support
27    Unit has exercised its option and discretion not to apply the
28    provisions of Sections 10-3 through 10-8, the failure by  the
29    Unit  to apply such provisions shall not be a bar to bringing
30    an action under this Section.
31        Action shall be brought in the circuit  court  to  obtain
 
                            -2-      LRB093 02284 DRJ 02292 b
 1    support, or for the recovery of aid granted during the period
 2    such  support was not provided, or both for the obtainment of
 3    support and the recovery of the aid  provided.   Actions  for
 4    the  recovery  of  aid may be taken separately or they may be
 5    consolidated with actions to obtain  support.   Such  actions
 6    may be brought in the name of the person or persons requiring
 7    support,  or  may  be  brought  in  the  name of the Illinois
 8    Department or  the  local  governmental  unit,  as  the  case
 9    requires, in behalf of such persons.
10        The court may enter such orders for the payment of moneys
11    for  the  support  of the person as may be just and equitable
12    and may direct payment thereof for such period or periods  of
13    time  as  the  circumstances require, including support for a
14    period before the date the order for support is entered.  The
15    order may be entered against any  or  all  of  the  defendant
16    responsible relatives and may be based upon the proportionate
17    ability of each to contribute to the person's support.
18        The  Court  shall  determine  the amount of child support
19    (including child support for a period  before  the  date  the
20    order  for  child support is entered) by using the guidelines
21    and standards set forth in subsection (a) of Section 505  and
22    in  Section 505.2 of the Illinois Marriage and Dissolution of
23    Marriage Act. For purposes of determining the amount of child
24    support to be paid for a period before the date the order for
25    child support is entered, there is a  rebuttable  presumption
26    that  the  responsible  relative's net income for that period
27    was the same as his or her net income at the time  the  order
28    is entered.
29        If  (i) the responsible relative was properly served with
30    a request for discovery of financial information relating  to
31    the  responsible relative's ability to provide child support,
32    (ii) the responsible  relative  failed  to  comply  with  the
33    request,  despite  having been ordered to do so by the court,
34    and (iii) the responsible relative  is  not  present  at  the
 
                            -3-      LRB093 02284 DRJ 02292 b
 1    hearing  to  determine support despite having received proper
 2    notice, then any relevant  financial  information  concerning
 3    the  responsible  relative's ability to provide child support
 4    that was obtained pursuant  to  subpoena  and  proper  notice
 5    shall be admitted into evidence without the need to establish
 6    any further foundation for its admission.
 7        An  order  entered  under  this  Section  shall include a
 8    provision requiring the obligor to report to the obligee  and
 9    to  the  clerk  of court within 10 days each time the obligor
10    obtains  new  employment,  and  each   time   the   obligor's
11    employment  is terminated for any reason. The report shall be
12    in writing and shall, in the case of new employment,  include
13    the  name  and address of the new employer. Failure to report
14    new employment or the termination of current  employment,  if
15    coupled  with nonpayment of support for a period in excess of
16    60 days, is indirect  criminal  contempt.   For  any  obligor
17    arrested  for  failure to report new employment bond shall be
18    set in the amount of the child support that should have  been
19    paid  during  the  period of unreported employment.  An order
20    entered under this Section shall  also  include  a  provision
21    requiring  the  obligor  and  obligee  parents to advise each
22    other of a change in residence within 5 days  of  the  change
23    except  when  the  court  finds that the physical, mental, or
24    emotional health of a party or that  of  a  minor  child,  or
25    both,  would  be  seriously  endangered  by disclosure of the
26    party's address.
27        The Court shall determine the amount of maintenance using
28    the standards set  forth  in  Section  504  of  the  Illinois
29    Marriage and Dissolution of Marriage Act.
30        Any  new  or  existing support order entered by the court
31    under this  Section  shall  be  deemed  to  be  a  series  of
32    judgments   against  the  person  obligated  to  pay  support
33    thereunder, each such judgment to be in the  amount  of  each
34    payment  or  installment of support and each such judgment to
 
                            -4-      LRB093 02284 DRJ 02292 b
 1    be deemed entered as of the date the corresponding payment or
 2    installment becomes due under the terms of the support order.
 3    Each such judgment shall have  the  full  force,  effect  and
 4    attributes of any other judgment of this State, including the
 5    ability  to  be  enforced.   Any  such judgment is subject to
 6    modification or termination only in accordance  with  Section
 7    510 of the Illinois Marriage and Dissolution of Marriage Act.
 8    A  lien  arises  by  operation  of  law  against the real and
 9    personal  property  of  the  noncustodial  parent  for   each
10    installment  of  overdue  support  owed  by  the noncustodial
11    parent.
12        An order for child support entered under this Section  is
13    subject   to   Section  714  of  the  Illinois  Marriage  and
14    Dissolution of Marriage Act.
15        When an order is entered for the support of a minor,  the
16    court  may  provide  therein for reasonable visitation of the
17    minor by the person or persons who provided support  pursuant
18    to  the order.  Whoever willfully refuses to comply with such
19    visitation order or willfully interferes with its enforcement
20    may be declared in contempt of court and punished therefor.
21        Except where the local governmental unit has entered into
22    an agreement with the Illinois Department for the  Child  and
23    Spouse  Support  Unit  to  act for it, as provided in Section
24    10-3.1,  support  orders  entered  by  the  court  in   cases
25    involving  applicants  or  recipients  under Article VI shall
26    provide that payments thereunder  be  made  directly  to  the
27    local governmental unit.  Orders for the support of all other
28    applicants   or   recipients   shall  provide  that  payments
29    thereunder be made directly to the  Illinois  Department.  In
30    accordance  with  federal  law  and regulations, the Illinois
31    Department  may  continue  to  collect  current   maintenance
32    payments  or  child  support  payments,  or both, after those
33    persons  cease  to  receive  public  assistance   and   until
34    termination  of  services  under  Article  X.   The  Illinois
 
                            -5-      LRB093 02284 DRJ 02292 b
 1    Department  shall  pay  the  net  amount  collected  to those
 2    persons after deducting any  costs  incurred  in  making  the
 3    collection  or  any  collection  fee  from  the amount of any
 4    recovery made.  In both cases  the  order  shall  permit  the
 5    local  governmental  unit  or the Illinois Department, as the
 6    case may be, to direct the responsible relative or  relatives
 7    to  make support payments directly to the needy person, or to
 8    some person or agency in his  behalf,  upon  removal  of  the
 9    person  from  the  public  aid  rolls  or upon termination of
10    services under Article X.
11        If the notice of support due issued pursuant  to  Section
12    10-7  directs  that  support payments be made directly to the
13    needy person, or to some person or agency in his behalf,  and
14    the  recipient  is  removed  from the public aid rolls, court
15    action  may  be  taken  against  the   responsible   relative
16    hereunder  if  he fails to furnish support in accordance with
17    the terms of such notice.
18        Actions may also be brought under this Section in  behalf
19    of  any  person  who  is  in need of support from responsible
20    relatives, as defined in Section 2-11 of Article  II  who  is
21    not an applicant for or recipient of financial aid under this
22    Code.   In such instances, the State's Attorney of the county
23    in which such person resides shall bring action  against  the
24    responsible relatives hereunder.  If the Illinois Department,
25    as  authorized  by  Section  10-1,  extends the child support
26    enforcement services provided by this Article to spouses  and
27    dependent children who are not applicants or recipients under
28    this  Code,  the Child and Spouse Support Unit established by
29    Section 10-3.1 shall bring  action  against  the  responsible
30    relatives  hereunder  and  any  support orders entered by the
31    court in such cases shall provide that payments thereunder be
32    made directly to the Illinois Department.
33        Whenever it is determined in a proceeding to establish or
34    enforce a child support or maintenance  obligation  that  the
 
                            -6-      LRB093 02284 DRJ 02292 b
 1    person  owing  a duty of support is unemployed, the court may
 2    order the person to seek employment and  report  periodically
 3    to the court with a diary, listing or other memorandum of his
 4    or  her efforts in accordance with such order.  Additionally,
 5    the court may order the unemployed person to  report  to  the
 6    Department  of Employment Security for job search services or
 7    to make application with the local Job  Training  Partnership
 8    Act  provider  for  participation  in job search, training or
 9    work programs and where the duty of  support  is  owed  to  a
10    child receiving child support enforcement services under this
11    Article  X,  the  court  may  order  the unemployed person to
12    report to the Illinois Department for  participation  in  job
13    search,  training  or work programs established under Section
14    9-6 and Article IXA of this Code.
15        Whenever it is determined that  a  person  owes  past-due
16    support for a child receiving assistance under this Code, the
17    court shall order at the request of the Illinois Department:
18             (1)  that  the  person  pay  the past-due support in
19        accordance with a plan approved by the court; or
20             (2)  if  the  person  owing  past-due   support   is
21        unemployed,  is  subject  to  such  a  plan,  and  is not
22        incapacitated, that the person participate  in  such  job
23        search,  training,  or  work  programs  established under
24        Section 9-6 and Article IXA of this  Code  as  the  court
25        deems appropriate.
26        A   determination   under   this  Section  shall  not  be
27    administratively reviewable by the  procedures  specified  in
28    Sections  10-12,  and  10-13  to 10-13.10.  Any determination
29    under these Sections, if made the basis of court action under
30    this  Section,  shall  not  affect  the  de   novo   judicial
31    determination required under this Section.
32        A  one-time charge of 20% is imposable upon the amount of
33    past-due child support owed on July 1, 1988 which has accrued
34    under a support order entered by the court.  The charge shall
 
                            -7-      LRB093 02284 DRJ 02292 b
 1    be imposed in accordance with the provisions of Section 10-21
 2    of this  Code  and  shall  be  enforced  by  the  court  upon
 3    petition.
 4        All  orders  for support, when entered or modified, shall
 5    include a provision requiring  the  non-custodial  parent  to
 6    notify  the court and, in cases in which a party is receiving
 7    child support enforcement services under this Article X,  the
 8    Illinois Department, within 7 days, (i) of the name, address,
 9    and telephone number of any new employer of the non-custodial
10    parent,  (ii)  whether the non-custodial parent has access to
11    health insurance coverage through the employer or other group
12    coverage and, if so, the policy name and number and the names
13    of persons covered under the policy, and  (iii)  of  any  new
14    residential  or  mailing  address  or telephone number of the
15    non-custodial parent.  In any subsequent action to enforce  a
16    support  order,  upon  a  sufficient  showing that a diligent
17    effort has  been  made  to  ascertain  the  location  of  the
18    non-custodial  parent,  service  of  process  or provision of
19    notice necessary in the case may be made at  the  last  known
20    address  of  the non-custodial parent in any manner expressly
21    provided by the Code of Civil Procedure or this  Code,  which
22    service shall be sufficient for purposes of due process.
23        An  order  for  support shall include a date on which the
24    current support obligation terminates.  The termination  date
25    shall  be no earlier than the date on which the child covered
26    by the order will attain the age of majority or is  otherwise
27    emancipated.   The  order  for  support  shall state that the
28    termination date does not apply to  any  arrearage  that  may
29    remain  unpaid on that date.  Nothing in this paragraph shall
30    be construed to prevent the court from modifying the order.
31        Upon   notification   in   writing   or   by   electronic
32    transmission from the Illinois Department to the clerk of the
33    court that a person who is receiving support  payments  under
34    this  Section  is  receiving services under the Child Support
 
                            -8-      LRB093 02284 DRJ 02292 b
 1    Enforcement Program established by Title IV-D of  the  Social
 2    Security  Act,  any support payments subsequently received by
 3    the clerk of the court shall  be  transmitted  in  accordance
 4    with  the  instructions  of the Illinois Department until the
 5    Illinois Department gives notice to the clerk of the court to
 6    cease  the  transmittal.  After  providing  the  notification
 7    authorized under  this  paragraph,  the  Illinois  Department
 8    shall  be  entitled  as  a  party  to  notice  of any further
 9    proceedings in the case.  The clerk of the court shall file a
10    copy of the Illinois Department's notification in  the  court
11    file.  The clerk's failure to file a copy of the notification
12    in  the  court  file  shall not, however, affect the Illinois
13    Department's right to receive notice of further proceedings.
14        Payments under this Section to  the  Illinois  Department
15    pursuant to the Child Support Enforcement Program established
16    by  Title  IV-D of the Social Security Act shall be paid into
17    the Child Support Enforcement Trust Fund. All payments  under
18    this  Section  to  the  Illinois Department of Human Services
19    shall  be  deposited  in  the  DHS  Recoveries  Trust   Fund.
20    Disbursements  from  these  funds  shall  be  as  provided in
21    Sections 12-9.1 and 12-10.2 of this Code.  Payments  received
22    by  a  local  governmental  unit  shall  be deposited in that
23    unit's General Assistance Fund.
24        To  the  extent  the  provisions  of  this  Section   are
25    inconsistent  with  the  requirements pertaining to the State
26    Disbursement Unit under Sections 10-10.4 and  10-26  of  this
27    Code,  the  requirements pertaining to the State Disbursement
28    Unit shall apply.
29    (Source: P.A.  91-24,  eff.  7-1-99;  91-212,  eff.  7-20-99;
30    91-357,  eff.  7-29-99;  91-767,  eff.  6-9-00;  92-16,  eff.
31    6-28-01; 92-590, eff. 7-1-02.)

32        (305 ILCS 5/10-10.6 new)
33        Sec. 10-10.6.  Tracking income and assets of obligors.
 
                            -9-      LRB093 02284 DRJ 02292 b
 1        (a)  A transfer made by an obligor is fraudulent as to an
 2    obligee if the obligor made the transfer:
 3             (1)  with actual intent to hinder, delay, or defraud
 4        any obligee of the obligor; or
 5             (2)  without receiving a reasonably equivalent value
 6        in exchange for the transfer.
 7        (b)  In  determining actual intent under paragraph (1) of
 8    subsection (a),  consideration  may  be  given,  among  other
 9    factors, to whether:
10             (1)  the transfer was to an insider;
11             (2)  the  obligor  retained possession or control of
12        the property transferred after the transfer;
13             (3)  the transfer was disclosed or concealed;
14             (4)  before the transfer was made, the  obligor  had
15        been sued or threatened with suit;
16             (5)  the  transfer  was  of  substantially  all  the
17        obligor's assets;
18             (6)  the obligor absconded;
19             (7)  the obligor removed or concealed assets;
20             (8)  the  value of the consideration received by the
21        obligor was reasonably equivalent to  the  value  of  the
22        asset transferred;
23             (9)  the  obligor  was insolvent or became insolvent
24        shortly after the transfer was made;
25             (10)  the  transfer  occurred  shortly   before   or
26        shortly after a substantial debt was incurred; and
27             (11)  the  obligor  transferred the essential assets
28        of a business to a lienor who transferred the  assets  to
29        an insider of the obligor.
30        (c)  In  an  action  for  relief  against a transfer by a
31    child support obligor under this Act, the  State's  Attorney,
32    on behalf of a child support obligee, may obtain:
33             (1)  avoidance   of   the  transfer  to  the  extent
34        necessary to satisfy the obligee's claim;
 
                            -10-     LRB093 02284 DRJ 02292 b
 1             (2)  an  attachment  or  other  provisional   remedy
 2        against  the  asset  transferred or other property of the
 3        transferee in accordance with the procedure prescribed by
 4        the Code of Civil Procedure;
 5             (3)  subject to applicable principles of equity  and
 6        in accordance with applicable rules of civil procedure:
 7                  (A)  an  injunction against further disposition
 8             by the obligor or a  transferee,  or  both,  of  the
 9             asset transferred or of other property;
10                  (B)  appointment  of  a receiver to take charge
11             of the asset transferred or of other property of the
12             transferee; or
13                  (C)  any other  relief  the  circumstances  may
14             require.
15        (d)  If  an  obligee  has  obtained a judgment on a claim
16    against the obligor, the State's Attorney, if  the  court  so
17    orders,  may  levy  execution on the asset transferred or its
18    proceeds.

19        (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
20        Sec. 10-11.  Administrative Orders. In  lieu  of  actions
21    for  court  enforcement  of  support under Section 10-10, the
22    Child and Spouse Support Unit of the Illinois Department,  in
23    accordance  with  the  rules  of the Illinois Department, may
24    issue  an  administrative  order  requiring  the  responsible
25    relative to comply with the terms of  the  determination  and
26    notice  of  support due, determined and issued under Sections
27    10-6 and 10-7. The Unit  may  also  enter  an  administrative
28    order   under   subsection   (b)   of   Section   10-7.   The
29    administrative order shall be  served  upon  the  responsible
30    relative  by  United  States registered or certified mail. In
31    cases in which  the  responsible  relative  appeared  at  the
32    office  of  the  Child and Spouse Support Unit in response to
33    the notice of support obligation issued under  Section  10-4,
 
                            -11-     LRB093 02284 DRJ 02292 b
 1    however,  or  in  cases  of  default  in which the notice was
 2    served on the responsible relative by certified mail,  return
 3    receipt  requested,  or  by  any  method  provided by law for
 4    service  of  summons,  the  administrative  determination  of
 5    paternity or administrative support order may be sent to  the
 6    responsible  relative  by  ordinary  mail  addressed  to  the
 7    responsible relative's last known address.
 8        If  a  responsible  relative  or a person receiving child
 9    support enforcement services  under  this  Article  fails  to
10    petition   the   Illinois  Department  for  release  from  or
11    modification of the  administrative  order,  as  provided  in
12    Section  10-12  or  Section  10-12.1,  the order shall become
13    final  and  there  shall  be  no  further  administrative  or
14    judicial  remedy.   Likewise  a  decision  by  the   Illinois
15    Department  as  a  result  of  an  administrative hearing, as
16    provided in Sections 10-13 to 10-13.10,  shall  become  final
17    and   enforceable   if  not  judicially  reviewed  under  the
18    Administrative Review Law, as provided in Section 10-14.
19        Any new or existing support order entered by the Illinois
20    Department under this Section shall be deemed to be a  series
21    of  judgments  against  the  person  obligated to pay support
22    thereunder, each such judgment to be in the  amount  of  each
23    payment  or  installment of support and each such judgment to
24    be deemed entered as of the date the corresponding payment or
25    installment becomes due under the terms of the support order.
26    Each such judgment shall have  the  full  force,  effect  and
27    attributes of any other judgment of this State, including the
28    ability  to  be  enforced.   Any  such judgment is subject to
29    modification or termination only in accordance  with  Section
30    510 of the Illinois Marriage and Dissolution of Marriage Act.
31    A  lien  arises  by  operation  of  law  against the real and
32    personal  property  of  the  noncustodial  parent  for   each
33    installment  of  overdue  support  owed  by  the noncustodial
34    parent.
 
                            -12-     LRB093 02284 DRJ 02292 b
 1        An order for child support entered under this Section  is
 2    subject   to   Section  714  of  the  Illinois  Marriage  and
 3    Dissolution of Marriage Act.
 4        An order entered  under  this  Section  shall  include  a
 5    provision  requiring the obligor to report to the obligee and
 6    to the clerk of court within 10 days each  time  the  obligor
 7    obtains   new   employment,   and  each  time  the  obligor's
 8    employment is terminated for any reason. The report shall  be
 9    in  writing and shall, in the case of new employment, include
10    the name and address of the new employer. Failure  to  report
11    new  employment  or the termination of current employment, if
12    coupled with nonpayment of support for a period in excess  of
13    60  days,  is  indirect  criminal  contempt.  For any obligor
14    arrested for failure to report new employment bond  shall  be
15    set  in the amount of the child support that should have been
16    paid during the period of unreported  employment.   An  order
17    entered  under  this  Section  shall also include a provision
18    requiring the obligor and  obligee  parents  to  advise  each
19    other  of  a  change in residence within 5 days of the change
20    except when the court finds that  the  physical,  mental,  or
21    emotional  health  of  a  party  or that of a minor child, or
22    both, would be seriously  endangered  by  disclosure  of  the
23    party's address.
24        A  one-time charge of 20% is imposable upon the amount of
25    past-due child support  owed  on  July  1,  1988,  which  has
26    accrued  under  a  support  order  entered  by  the  Illinois
27    Department  under  this Section.  The charge shall be imposed
28    in accordance with the provisions of Section 10-21 and  shall
29    be enforced by the court in a suit filed under Section 10-15.
30    (Source: P.A. 91-212, eff. 7-20-99; 92-590, eff. 7-1-02.)

31        Section  10.  The  Illinois  Marriage  and Dissolution of
32    Marriage Act is  amended by adding Sections 505.4,  714,  and
33    715 as follows:
 
                            -13-     LRB093 02284 DRJ 02292 b
 1        (750 ILCS 5/505.4 new)
 2        Sec. 505.4.  Tracking income and assets of obligors.
 3        (a)  A transfer made by an obligor is fraudulent as to an
 4    obligee if the obligor made the transfer:
 5             (1)  with actual intent to hinder, delay, or defraud
 6        any obligee of the obligor; or
 7             (2)  without receiving a reasonably equivalent value
 8        in exchange for the transfer.
 9        (b)  In  determining actual intent under paragraph (1) of
10    subsection (a),  consideration  may  be  given,  among  other
11    factors, to whether:
12             (1)  the transfer was to an insider;
13             (2)  the  obligor  retained possession or control of
14        the property transferred after the transfer;
15             (3)  the transfer was disclosed or concealed;
16             (4)  before the transfer was made, the  obligor  had
17        been sued or threatened with suit;
18             (5)  the  transfer  was  of  substantially  all  the
19        obligor's assets;
20             (6)  the obligor absconded;
21             (7)  the obligor removed or concealed assets;
22             (8)  the  value of the consideration received by the
23        obligor was reasonably equivalent to  the  value  of  the
24        asset transferred;
25             (9)  the  obligor  was insolvent or became insolvent
26        shortly after the transfer was made;
27             (10)  the  transfer  occurred  shortly   before   or
28        shortly after a substantial debt was incurred; and
29             (11)  the  obligor  transferred the essential assets
30        of a business to a lienor who transferred the  assets  to
31        an insider of the obligor.
32        (c)  In  an  action  for  relief  against a transfer by a
33    child support obligor under this Act, the  State's  Attorney,
34    on behalf of a child support obligee, may obtain:
 
                            -14-     LRB093 02284 DRJ 02292 b
 1             (1)  avoidance   of   the  transfer  to  the  extent
 2        necessary to satisfy the obligee's claim;
 3             (2)  an  attachment  or  other  provisional   remedy
 4        against  the  asset  transferred or other property of the
 5        transferee in accordance with the procedure prescribed by
 6        the Code of Civil Procedure;
 7             (3)  subject to applicable principles of equity  and
 8        in accordance with applicable rules of civil procedure:
 9                  (A)  an  injunction against further disposition
10             by the obligor or a  transferee,  or  both,  of  the
11             asset transferred or of other property;
12                  (B)  appointment  of  a receiver to take charge
13             of the asset transferred or of other property of the
14             transferee; or
15                  (C)  any other  relief  the  circumstances  may
16             require.
17        (d)  If  an  obligee  has  obtained a judgment on a claim
18    against the obligor, the State's Attorney, if  the  court  so
19    orders,  may  levy  execution on the asset transferred or its
20    proceeds.

21        (750 ILCS 5/714 new)
22        Sec.  714.  Willful  default  on  support;  penalties.  A
23    person who willfully defaults on an order for  child  support
24    issued  by  an  Illinois  court  or authorized administrative
25    tribunal  may  be  subject  to  summary   criminal   contempt
26    proceedings.
27        In  addition  to other remedies provided by law regarding
28    the suspension of  professional  and  occupational  licenses,
29    recreational  licenses,  and  driver's  licenses,  the  State
30    licensing  agency  may withhold, suspend, or restrict the use
31    of driver's licenses, professional and occupational  licenses
32    or  certificates,  and  recreational  licenses of individuals
33    owing overdue support or failing, after receiving appropriate
 
                            -15-     LRB093 02284 DRJ 02292 b
 1    notice, to comply with  subpoenas  or  warrants  relating  to
 2    paternity  or child support proceedings. The suspension shall
 3    remain in effect until all defaults on  an  order  for  child
 4    support are satisfied.
 5        This Section applies to an order for child support issued
 6    under the Illinois Public Aid Code, the Illinois Marriage and
 7    Dissolution  of  Marriage  Act, the Non-Support of Spouse and
 8    Children Act, the Non-Support Punishment  Act,  the  Illinois
 9    Parentage   Act  of  1984,  the  Revised  Uniform  Reciprocal
10    Enforcement of Support Act, or the Uniform Interstate  Family
11    Support Act.

12        (750 ILCS 5/715 new)
13        Sec.  715.  Information  to  locate  support obligors and
14    putative fathers. The Illinois  Department  of  Public  Aid's
15    Child  and  Spouse Support Unit, the State's Attorney, or any
16    other appropriate State official may request and is  entitled
17    to receive from employers, labor unions, telephone companies,
18    and   utility   companies   location  information  concerning
19    putative fathers and noncustodial parents for the purpose  of
20    establishing  a child's paternity or establishing, enforcing,
21    or modifying a child support obligation.   In  this  Section,
22    "location   information"  means  information  about  (i)  the
23    physical whereabouts of a  putative  father  or  noncustodial
24    parent,  (ii)  the  putative  father or noncustodial parent's
25    employer, or (iii) the salary, wages, and other  compensation
26    paid  and  the  health  insurance  coverage  provided  to the
27    putative father or noncustodial parent by an employer or by a
28    labor union of which  the  putative  father  or  noncustodial
29    parent is a member.

30        Section 15.  The Non-Support Punishment Act is amended by
31    changing Section 20 and adding Section 32 as follows:
 
                            -16-     LRB093 02284 DRJ 02292 b
 1        (750 ILCS 16/20)
 2        Sec. 20.  Entry of order for support; income withholding.
 3        (a)  In  a case in which no court or administrative order
 4    for support is in effect against the defendant:
 5             (1)  at any time before the trial,  upon  motion  of
 6        the  State's  Attorney, or of the Attorney General if the
 7        action has been instituted by his office, and upon notice
 8        to the defendant, or at the time of arraignment or  as  a
 9        condition  of  postponement of arraignment, the court may
10        enter such temporary order for support as may seem  just,
11        providing for the support or maintenance of the spouse or
12        child  or  children  of  the defendant, or both, pendente
13        lite; or
14             (2)  before trial with the consent of the defendant,
15        or at the trial on entry of a plea of  guilty,  or  after
16        conviction,  instead  of imposing the penalty provided in
17        this Act, or in addition thereto, the court may enter  an
18        order  for  support, subject to modification by the court
19        from time to time as circumstances may require, directing
20        the defendant to pay a certain sum for maintenance of the
21        spouse, or for support of the child or children, or both.
22        (b)  The  court  shall  determine  the  amount  of  child
23    support by using the guidelines and standards  set  forth  in
24    subsection  (a)  of  Section  505 and in Section 505.2 of the
25    Illinois Marriage and Dissolution of Marriage Act.
26        If (i) the non-custodial parent was properly served  with
27    a  request for discovery of financial information relating to
28    the non-custodial parent's ability to provide child  support,
29    (ii)  the  non-custodial  parent  failed  to  comply with the
30    request, despite having been ordered to do so by  the  court,
31    and  (iii)  the  non-custodial  parent  is not present at the
32    hearing to determine support despite having  received  proper
33    notice,  then  any  relevant financial information concerning
34    the non-custodial parent's ability to  provide  support  that
 
                            -17-     LRB093 02284 DRJ 02292 b
 1    was  obtained pursuant to subpoena and proper notice shall be
 2    admitted into evidence without  the  need  to  establish  any
 3    further foundation for its admission.
 4        (c)  The  court shall determine the amount of maintenance
 5    using the standards set forth in  Section 504 of the Illinois
 6    Marriage and Dissolution of Marriage Act.
 7        (d)  The court may, for violation of any order under this
 8    Section, punish the offender as for a contempt of court,  but
 9    no  pendente  lite order shall remain in effect longer than 4
10    months, or  after  the  discharge  of  any  panel  of  jurors
11    summoned  for  service thereafter in such court, whichever is
12    sooner.
13        (e)  Any order for support entered  by  the  court  under
14    this  Section  shall  be  deemed  to be a series of judgments
15    against  the  person  obligated  to  pay  support  under  the
16    judgments, each such judgment to be in  the  amount  of  each
17    payment  or  installment  of  support and each judgment to be
18    deemed entered as of the date the  corresponding  payment  or
19    installment becomes due under the terms of the support order.
20    Each   judgment  shall  have  the  full  force,  effect,  and
21    attributes of any other judgment of this State, including the
22    ability  to  be  enforced.   Each  judgment  is  subject   to
23    modification  or  termination only in accordance with Section
24    510 of the Illinois Marriage and Dissolution of Marriage Act.
25    A lien arises by  operation  of  law  against  the  real  and
26    personal   property  of  the  noncustodial  parent  for  each
27    installment of  overdue  support  owed  by  the  noncustodial
28    parent.
29        (e-5)  An  order  for  child  support  entered under this
30    Section is subject to Section 714 of  the  Illinois  Marriage
31    and Dissolution of Marriage Act.
32        (f)  An  order  for  support  entered  under this Section
33    shall include a provision requiring the obligor to report  to
34    the obligee and to the clerk of the court within 10 days each
 
                            -18-     LRB093 02284 DRJ 02292 b
 1    time  the  obligor  obtains new employment, and each time the
 2    obligor's employment  is  terminated  for  any  reason.   The
 3    report  shall  be  in  writing  and shall, in the case of new
 4    employment, include the name and address of the new employer.
 5        Failure to report new employment or  the  termination  of
 6    current employment, if coupled with nonpayment of support for
 7    a period in excess of 60 days, is indirect criminal contempt.
 8    For   any   obligor   arrested  for  failure  to  report  new
 9    employment, bond shall be set in  the  amount  of  the  child
10    support  that  should  have  been  paid  during the period of
11    unreported employment.
12        An order for support entered  under  this  Section  shall
13    also  include  a  provision requiring the obligor and obligee
14    parents to advise each other of a change in residence  within
15    5  days  of  the  change except when the court finds that the
16    physical, mental, or emotional health of  a  party  or  of  a
17    minor  child,  or  both,  would  be  seriously  endangered by
18    disclosure of the party's address.
19        (g)  An order for support entered or modified in  a  case
20    in  which  a  party  is  receiving  child support enforcement
21    services under Article X of  the  Illinois  Public  Aid  Code
22    shall  include  a provision requiring the noncustodial parent
23    to notify the Illinois Department of  Public  Aid,  within  7
24    days,  of  the  name  and  address of any new employer of the
25    noncustodial parent,  whether  the  noncustodial  parent  has
26    access  to  health insurance coverage through the employer or
27    other group coverage and, if so, the policy name  and  number
28    and the names of persons covered under the policy.
29        (h)  In  any  subsequent  action  to enforce an order for
30    support entered under this Act, upon sufficient showing  that
31    diligent  effort  has  been made to ascertain the location of
32    the noncustodial parent, service of process or  provision  of
33    notice necessary in that action may be made at the last known
34    address  of  the noncustodial parent, in any manner expressly
 
                            -19-     LRB093 02284 DRJ 02292 b
 1    provided by the Code of Civil Procedure or in this Act, which
 2    service shall be sufficient for purposes of due process.
 3        (i)  An order for support shall include a date  on  which
 4    the  current  support obligation terminates.  The termination
 5    date shall be no earlier than the date  on  which  the  child
 6    covered  by  the  order will attain the age of majority or is
 7    otherwise emancipated. The order for support shall state that
 8    the termination date does not apply to any arrearage that may
 9    remain unpaid on that date.  Nothing in this subsection shall
10    be construed to prevent the court from modifying the order.
11        (j)  A support obligation, or any portion  of  a  support
12    obligation,  which becomes due and remains unpaid for 30 days
13    or more shall accrue simple interest at the rate  of  9%  per
14    annum.  An  order for support entered or modified on or after
15    January 1, 2002 shall contain  a  statement  that  a  support
16    obligation  required  under  the  order,  or any portion of a
17    support obligation required under the order, that becomes due
18    and remains unpaid for 30 days or more  shall  accrue  simple
19    interest at the rate of 9% per annum.  Failure to include the
20    statement  in  the  order  for  support  does  not affect the
21    validity of the order or the accrual of interest as  provided
22    in this Section.
23    (Source:  P.A.  91-613,  eff.  10-1-99;  91-767, eff. 6-9-00;
24    92-374, eff. 8-15-01; 92-590, eff. 7-1-02.)

25        (750 ILCS 16/32 new)
26        Sec. 32.  Tracking income and assets of obligors.
27        (a)  A transfer made by an obligor is fraudulent as to an
28    obligee if the obligor made the transfer:
29             (1)  with actual intent to hinder, delay, or defraud
30        any obligee of the obligor; or
31             (2)  without receiving a reasonably equivalent value
32        in exchange for the transfer.
33        (b)  In determining actual intent under paragraph (1)  of
 
                            -20-     LRB093 02284 DRJ 02292 b
 1    subsection  (a),  consideration  may  be  given,  among other
 2    factors, to whether:
 3             (1)  the transfer was to an insider;
 4             (2)  the obligor retained possession or  control  of
 5        the property transferred after the transfer;
 6             (3)  the transfer was disclosed or concealed;
 7             (4)  before  the  transfer was made, the obligor had
 8        been sued or threatened with suit;
 9             (5)  the  transfer  was  of  substantially  all  the
10        obligor's assets;
11             (6)  the obligor absconded;
12             (7)  the obligor removed or concealed assets;
13             (8)  the value of the consideration received by  the
14        obligor  was  reasonably  equivalent  to the value of the
15        asset transferred;
16             (9)  the obligor was insolvent or  became  insolvent
17        shortly after the transfer was made;
18             (10)  the   transfer   occurred  shortly  before  or
19        shortly after a substantial debt was incurred; and
20             (11)  the obligor transferred the  essential  assets
21        of  a  business to a lienor who transferred the assets to
22        an insider of the obligor.
23        (c)  In an action for relief  against  a  transfer  by  a
24    child  support  obligor under this Act, the State's Attorney,
25    on behalf of a child support obligee, may obtain:
26             (1)  avoidance  of  the  transfer  to   the   extent
27        necessary to satisfy the obligee's claim;
28             (2)  an   attachment  or  other  provisional  remedy
29        against the asset transferred or other  property  of  the
30        transferee in accordance with the procedure prescribed by
31        the Code of Civil Procedure;
32             (3)  subject  to applicable principles of equity and
33        in accordance with applicable rules of civil procedure:
34                  (A)  an injunction against further  disposition
 
                            -21-     LRB093 02284 DRJ 02292 b
 1             by  the  obligor  or  a  transferee, or both, of the
 2             asset transferred or of other property;
 3                  (B)  appointment of a receiver to  take  charge
 4             of the asset transferred or of other property of the
 5             transferee; or
 6                  (C)  any  other  relief  the  circumstances may
 7             require.
 8        (d)  If an obligee has obtained a  judgment  on  a  claim
 9    against  the  obligor,  the State's Attorney, if the court so
10    orders, may levy execution on the asset  transferred  or  its
11    proceeds.

12        Section 20.  The Uniform Interstate Family Support Act is
13    amended by changing Sections 318 and 401 as follows:

14        (750 ILCS 22/318)
15        Sec. 318.  Assistance with discovery.  A tribunal of this
16    State may:
17        (1)  request  a  tribunal  of  another state to assist in
18    obtaining discovery; and
19        (2)  upon request, compel  a  person  over  whom  it  has
20    jurisdiction  to  respond  to  a  discovery order issued by a
21    tribunal of another state;.
22        (3)  upon request by a tribunal of another state, issue a
23    subpoena or a   subpoena  duces  tecum  (in  the  case  of  a
24    tribunal  authorized to issue  subpoenas) or direct the clerk
25    of the circuit court to issue a subpoena or a  subpoena duces
26    tecum (in the case of the circuit court) requiring  a  person
27    in  this State to appear at a deposition or before a tribunal
28    and  answer questions  or produce documents or other tangible
29    things for the purpose of obtaining    information  regarding
30    the  person's  assets,  income, and ability to pay a  support
31    order or judgment entered in the other state; and
32        (4)  request a tribunal of  another  state  to  issue  or
 
                            -22-     LRB093 02284 DRJ 02292 b
 1    cause  to  be  issued  a   subpoena or a subpoena duces tecum
 2    requiring a person in  the  other  state  to    appear  at  a
 3    deposition  or  before  a  tribunal  in that state and answer
 4    questions  or produce documents or other tangible things  for
 5    the  purpose of obtaining  information regarding the person's
 6    assets, income, and ability  to  pay  a    support  order  or
 7    judgment entered in this State.
 8        The  clerk of the circuit court shall issue a subpoena or
 9    a subpoena  duces tecum when directed to do so by the circuit
10    court in accordance with  this Section.
11    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
12    by P.A. 88-691.)

13        (750 ILCS 22/401)
14        Sec. 401.  Petition to establish support order.
15        (a)  If a support order  entitled  to  recognition  under
16    this  Act  has not been issued, a responding tribunal of this
17    State may issue a support order if:
18             (1)  the individual seeking  the  order  resides  in
19        another state; or
20             (2)  the  support  enforcement  agency  seeking  the
21        order is located in another state.
22        (b)  The  tribunal  may  issue  a temporary child-support
23    order if:
24             (1)  the respondent has signed a verified  statement
25        acknowledging parentage;
26             (2)  the   respondent  has  been  determined  by  or
27        pursuant to law to be the parent; or
28             (3)  there is other clear  and  convincing  evidence
29        that the respondent is the child's parent.
30        (c)  Upon  finding,  after  notice  and opportunity to be
31    heard, that a respondent owes a duty of support, the tribunal
32    shall issue a support order directed to  the  respondent  and
33    may issue other orders pursuant to Section 305.
 
                            -23-     LRB093 02284 DRJ 02292 b
 1        (d)  A  child support order entered under this Section is
 2    subject  to  Section  714  of  the  Illinois   Marriage   and
 3    Dissolution of Marriage Act.
 4    (Source: P.A. 90-240, eff. 7-28-97.)

 5        Section  25.  The  Illinois  Parentage  Act  of  1984  is
 6    amended  by  changing  Section  14 and adding Section 14.2 as
 7    follows:

 8        (750 ILCS 45/14) (from Ch. 40, par. 2514)
 9        Sec. 14.  Judgment.
10        (a) (1)  The judgment shall contain or explicitly reserve
11    provisions concerning any duty and amount  of  child  support
12    and   may  contain  provisions  concerning  the  custody  and
13    guardianship of the child,  visitation  privileges  with  the
14    child,  the  furnishing  of  bond  or  other security for the
15    payment of the judgment, which the court shall  determine  in
16    accordance  with  the  relevant  factors  set  forth  in  the
17    Illinois  Marriage  and  Dissolution  of Marriage Act and any
18    other applicable law of Illinois, to guide  the  court  in  a
19    finding  in  the  best interests of the child. In determining
20    custody, joint custody, or visitation, the court shall  apply
21    the   relevant   standards   of  the  Illinois  Marriage  and
22    Dissolution of Marriage Act. Specifically, in determining the
23    amount of any child support award, the court  shall  use  the
24    guidelines  and  standards  set  forth  in  subsection (a) of
25    Section 505 and in Section 505.2 of the Illinois Marriage and
26    Dissolution of Marriage Act.  For purposes of Section 505  of
27    the  Illinois  Marriage and Dissolution of Marriage Act, "net
28    income"  of  the  non-custodial  parent  shall  include   any
29    benefits  available  to that person under the Illinois Public
30    Aid  Code   or   from   other   federal,   State   or   local
31    government-funded  programs.   The  court shall, in any event
32    and regardless of the amount of  the  non-custodial  parent's
 
                            -24-     LRB093 02284 DRJ 02292 b
 1    net income, in its judgment order the non-custodial parent to
 2    pay child support to the custodial parent in a minimum amount
 3    of not less than $10 per month. In an action brought within 2
 4    years after a child's birth, the judgment or order may direct
 5    either  parent  to  pay  the  reasonable expenses incurred by
 6    either parent related  to  the  mother's  pregnancy  and  the
 7    delivery  of  the  child. The judgment or order shall contain
 8    the father's social security number, which the  father  shall
 9    disclose  to  the  court;  however,  failure  to  include the
10    father's social security number on the judgment or order does
11    not invalidate the judgment or order.
12        (2)  If a judgment  of  parentage  contains  no  explicit
13    award  of  custody, the establishment of a support obligation
14    or of visitation rights in one parent shall be  considered  a
15    judgment  granting  custody  to  the  other  parent.   If the
16    parentage judgment contains no such provisions, custody shall
17    be presumed to be with the mother; however,  the  presumption
18    shall not apply if the father has had physical custody for at
19    least  6  months  prior  to the date that the mother seeks to
20    enforce custodial rights.
21        (b)  The court shall order all  child  support  payments,
22    determined  in  accordance  with such guidelines, to commence
23    with the date  summons  is  served.   The  level  of  current
24    periodic  support  payments  shall  not be reduced because of
25    payments set for the period prior to the date of entry of the
26    support  order.   The  Court  may  order  any  child  support
27    payments to be made for a period prior to the commencement of
28    the action. In determining whether and the  extent  to  which
29    the  payments  shall  be made for any prior period, the court
30    shall consider all relevant facts, including the factors  for
31    determining  the  amount of support specified in the Illinois
32    Marriage and Dissolution of Marriage Act and other  equitable
33    factors including but not limited to:
34             (1)  The  father's  prior  knowledge of the fact and
 
                            -25-     LRB093 02284 DRJ 02292 b
 1        circumstances of the child's birth.
 2             (2)  The father's prior willingness  or  refusal  to
 3        help raise or support the child.
 4             (3)  The  extent  to  which the mother or the public
 5        agency bringing the action previously informed the father
 6        of the child's needs or attempted to seek or require  his
 7        help in raising or supporting the child.
 8             (4)  The reasons the mother or the public agency did
 9        not file the action earlier.
10             (5)  The   extent  to  which  the  father  would  be
11        prejudiced by the delay in bringing the action.
12        For purposes of determining the amount of  child  support
13    to  be  paid  for  any  period  before the date the order for
14    current child support  is  entered,  there  is  a  rebuttable
15    presumption that the father's net income for the prior period
16    was  the  same  as  his  net income at the time the order for
17    current child support is entered.
18        If (i) the non-custodial parent was properly served  with
19    a  request for discovery of financial information relating to
20    the non-custodial parent's ability to provide child  support,
21    (ii)  the  non-custodial  parent  failed  to  comply with the
22    request, despite having been ordered to do so by  the  court,
23    and  (iii)  the  non-custodial  parent  is not present at the
24    hearing to determine support despite having  received  proper
25    notice,  then  any  relevant financial information concerning
26    the non-custodial parent's ability to provide  child  support
27    that  was  obtained  pursuant  to  subpoena and proper notice
28    shall be admitted into evidence without the need to establish
29    any further foundation for its admission.
30        (c)  Any new or existing support  order  entered  by  the
31    court  under  this  Section shall be deemed to be a series of
32    judgments  against  the  person  obligated  to  pay   support
33    thereunder, each judgment to be in the amount of each payment
34    or installment of support and each such judgment to be deemed
 
                            -26-     LRB093 02284 DRJ 02292 b
 1    entered   as   of  the  date  the  corresponding  payment  or
 2    installment becomes due under the terms of the support order.
 3    Each  judgment  shall  have  the  full  force,   effect   and
 4    attributes of any other judgment of this State, including the
 5    ability  to  be  enforced.  A lien arises by operation of law
 6    against the real and personal property  of  the  noncustodial
 7    parent  for  each  installment of overdue support owed by the
 8    noncustodial parent.
 9        (c-5)  An order for  child  support  entered  under  this
10    Section  is  subject  to Section 714 of the Illinois Marriage
11    and Dissolution of Marriage Act.
12        (d)  If the judgment or order of the court is at variance
13    with the child's birth certificate,  the  court  shall  order
14    that  a  new  birth  certificate  be  issued  under the Vital
15    Records Act.
16        (e)  On request of the mother and the father,  the  court
17    shall  order  a  change  in  the  child's name. After hearing
18    evidence the court may stay payment  of  support  during  the
19    period of the father's minority or period of disability.
20        (f)  If,  upon  a  showing  of proper service, the father
21    fails to appear in court, or otherwise appear as provided  by
22    law,  the  court may proceed to hear the cause upon testimony
23    of the mother or other parties taken in open court and  shall
24    enter a judgment by default.  The court may reserve any order
25    as  to  the  amount  of  child  support  until the father has
26    received notice, by regular mail, of a hearing on the matter.
27        (g)  A one-time charge  of  20%  is  imposable  upon  the
28    amount  of  past-due child support owed on July 1, 1988 which
29    has accrued under a support order entered by the court.   The
30    charge  shall be imposed in accordance with the provisions of
31    Section 10-21 of the Illinois Public Aid Code  and  shall  be
32    enforced by the court upon petition.
33        (h)  All  orders  for  support, when entered or modified,
34    shall include a provision requiring the non-custodial  parent
 
                            -27-     LRB093 02284 DRJ 02292 b
 1    to notify the court and, in cases in which party is receiving
 2    child  support  enforcement  services  under Article X of the
 3    Illinois Public Aid Code, the Illinois Department  of  Public
 4    Aid,  within  7  days, (i) of the name and address of any new
 5    employer  of  the  non-custodial  parent,  (ii)  whether  the
 6    non-custodial parent has access to health insurance  coverage
 7    through  the employer or other group coverage and, if so, the
 8    policy name and number and the names of persons covered under
 9    the policy, and (iii)  of  any  new  residential  or  mailing
10    address  or telephone number of the non-custodial parent.  In
11    any subsequent action to enforce  a  support  order,  upon  a
12    sufficient  showing  that  a diligent effort has been made to
13    ascertain the location of the non-custodial  parent,  service
14    of  process  or provision of notice necessary in the case may
15    be made at the last known address of the non-custodial parent
16    in any  manner  expressly  provided  by  the  Code  of  Civil
17    Procedure  or this Act, which service shall be sufficient for
18    purposes of due process.
19        (i)  An order for support shall include a date  on  which
20    the  current  support obligation terminates.  The termination
21    date shall be no earlier than the date  on  which  the  child
22    covered  by  the  order will attain the age of majority or is
23    otherwise emancipated.  The order  for  support  shall  state
24    that  the  termination  date  does not apply to any arrearage
25    that may  remain  unpaid  on  that  date.   Nothing  in  this
26    subsection  shall  be  construed  to  prevent  the court from
27    modifying the order.
28        (j)  An order entered under this Section shall include  a
29    provision  requiring the obligor to report to the obligee and
30    to the clerk of court within 10 days each  time  the  obligor
31    obtains   new   employment,   and  each  time  the  obligor's
32    employment is terminated for any reason. The report shall  be
33    in  writing and shall, in the case of new employment, include
34    the name and address of the new employer. Failure  to  report
 
                            -28-     LRB093 02284 DRJ 02292 b
 1    new  employment  or the termination of current employment, if
 2    coupled with nonpayment of support for a period in excess  of
 3    60  days,  is  indirect  criminal  contempt.  For any obligor
 4    arrested for failure to report new employment bond  shall  be
 5    set  in the amount of the child support that should have been
 6    paid during the period of unreported  employment.   An  order
 7    entered  under  this  Section  shall also include a provision
 8    requiring the obligor and  obligee  parents  to  advise  each
 9    other  of  a  change in residence within 5 days of the change
10    except when the court finds that  the  physical,  mental,  or
11    emotional  health  of  a  party  or that of a minor child, or
12    both, would be seriously  endangered  by  disclosure  of  the
13    party's address.
14    (Source: P.A. 91-767, eff. 6-9-00, 92-590, eff. 7-1-02.)

15        (750 ILCS 45/14.2 new)
16        Sec. 14.2.  Tracking income and assets of obligors.
17        (a)  A transfer made by an obligor is fraudulent as to an
18    obligee if the obligor made the transfer:
19             (1)  with actual intent to hinder, delay, or defraud
20        any obligee of the obligor; or
21             (2)  without receiving a reasonably equivalent value
22        in exchange for the transfer.
23        (b)  In  determining actual intent under paragraph (1) of
24    subsection (a),  consideration  may  be  given,  among  other
25    factors, to whether:
26             (1)  the transfer was to an insider;
27             (2)  the  obligor  retained possession or control of
28        the property transferred after the transfer;
29             (3)  the transfer was disclosed or concealed;
30             (4)  before the transfer was made, the  obligor  had
31        been sued or threatened with suit;
32             (5)  the  transfer  was  of  substantially  all  the
33        obligor's assets;
 
                            -29-     LRB093 02284 DRJ 02292 b
 1             (6)  the obligor absconded;
 2             (7)  the obligor removed or concealed assets;
 3             (8)  the  value of the consideration received by the
 4        obligor was reasonably equivalent to  the  value  of  the
 5        asset transferred;
 6             (9)  the  obligor  was insolvent or became insolvent
 7        shortly after the transfer was made;
 8             (10)  the  transfer  occurred  shortly   before   or
 9        shortly after a substantial debt was incurred; and
10             (11)  the  obligor  transferred the essential assets
11        of a business to a lienor who transferred the  assets  to
12        an insider of the obligor.
13        (c)  In  an  action  for  relief  against a transfer by a
14    child support obligor under this Act, the  State's  Attorney,
15    on behalf of a child support obligee, may obtain:
16             (1)  avoidance   of   the  transfer  to  the  extent
17        necessary to satisfy the obligee's claim;
18             (2)  an  attachment  or  other  provisional   remedy
19        against  the  asset  transferred or other property of the
20        transferee in accordance with the procedure prescribed by
21        the Code of Civil Procedure;
22             (3)  subject to applicable principles of equity  and
23        in accordance with applicable rules of civil procedure:
24                  (A)  an  injunction against further disposition
25             by the obligor or a  transferee,  or  both,  of  the
26             asset transferred or of other property;
27                  (B)  appointment  of  a receiver to take charge
28             of the asset transferred or of other property of the
29             transferee; or
30                  (C)  any other  relief  the  circumstances  may
31             require.
32        (d)  If  an  obligee  has  obtained a judgment on a claim
33    against the obligor, the State's Attorney, if  the  court  so
34    orders,  may  levy  execution on the asset transferred or its
 
                            -30-     LRB093 02284 DRJ 02292 b
 1    proceeds.

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.
 
                            -31-     LRB093 02284 DRJ 02292 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    305 ILCS 5/10-10          from Ch. 23, par. 10-10
 4    305 ILCS 5/10-10.6 new
 5    305 ILCS 5/10-11          from Ch. 23, par. 10-11
 6    750 ILCS 5/505.4 new
 7    750 ILCS 5/714 new
 8    750 ILCS 5/715 new
 9    750 ILCS 16/20
10    750 ILCS 16/32 new
11    750 ILCS 22/318
12    750 ILCS 22/401
13    750 ILCS 45/14            from Ch. 40, par. 2514
14    750 ILCS 45/14.2 new