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91_HB1435eng HB1435 Engrossed LRB9100272SMpk 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; HB1435 Engrossed -2- LRB9100272SMpk 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) HB1435 Engrossed -3- LRB9100272SMpk 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 HB1435 Engrossed -4- LRB9100272SMpk 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 HB1435 Engrossed -5- LRB9100272SMpk 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 an employer or by a 25 labor union of which the putative father or noncustodial 26 parent is a member. 27 Section 15. The Non-Support of Spouse and Children Act 28 is amended by adding Section 12.2 as follows: 29 (750 ILCS 15/12.2 new) 30 Sec. 12.2. Tracking income and assets of obligors. 31 (a) A transfer made by an obligor is fraudulent as to an HB1435 Engrossed -6- LRB9100272SMpk 1 obligee if the obligor made the transfer: 2 (1) with actual intent to hinder, delay, or defraud 3 any obligee of the obligor; or 4 (2) without receiving a reasonably equivalent value 5 in exchange for the transfer. 6 (b) In determining actual intent under paragraph (1) of 7 subsection (a), consideration may be given, among other 8 factors, to whether: 9 (1) the transfer was to an insider; 10 (2) the obligor retained possession or control of 11 the property transferred after the transfer; 12 (3) the transfer was disclosed or concealed; 13 (4) before the transfer was made, the obligor had 14 been sued or threatened with suit; 15 (5) the transfer was of substantially all the 16 obligor's assets; 17 (6) the obligor absconded; 18 (7) the obligor removed or concealed assets; 19 (8) the value of the consideration received by the 20 obligor was reasonably equivalent to the value of the 21 asset transferred; 22 (9) the obligor was insolvent or became insolvent 23 shortly after the transfer was made; 24 (10) the transfer occurred shortly before or 25 shortly after a substantial debt was incurred; and 26 (11) the obligor transferred the essential assets 27 of a business to a lienor who transferred the assets to 28 an insider of the obligor. 29 (c) In an action for relief against a transfer by a 30 child support obligor under this Act, the State's Attorney, 31 on behalf of a child support obligee, may obtain: 32 (1) avoidance of the transfer to the extent 33 necessary to satisfy the obligee's claim; 34 (2) an attachment or other provisional remedy HB1435 Engrossed -7- LRB9100272SMpk 1 against the asset transferred or other property of the 2 transferee in accordance with the procedure prescribed by 3 the Code of Civil Procedure; 4 (3) subject to applicable principles of equity and 5 in accordance with applicable rules of civil procedure: 6 (A) an injunction against further disposition 7 by the obligor or a transferee, or both, of the 8 asset transferred or of other property; 9 (B) appointment of a receiver to take charge 10 of the asset transferred or of other property of the 11 transferee; or 12 (C) any other relief the circumstances may 13 require. 14 (d) If an obligee has obtained a judgment on a claim 15 against the obligor, the State's Attorney, if the court so 16 orders, may levy execution on the asset transferred or its 17 proceeds. 18 Section 20. The Revised Uniform Reciprocal Enforcement 19 of Support Act is amended by adding Section 24.2 as follows: 20 (750 ILCS 20/24.2 new) 21 Sec. 24.2. Tracking income and assets of obligors. 22 (a) A transfer made by an obligor is fraudulent as to an 23 obligee if the obligor made the transfer: 24 (1) with actual intent to hinder, delay, or defraud 25 any obligee of the obligor; or 26 (2) without receiving a reasonably equivalent value 27 in exchange for the transfer. 28 (b) In determining actual intent under paragraph (1) of 29 subsection (a), consideration may be given, among other 30 factors, to whether: 31 (1) the transfer was to an insider; 32 (2) the obligor retained possession or control of HB1435 Engrossed -8- LRB9100272SMpk 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 HB1435 Engrossed -9- LRB9100272SMpk 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 25. The Uniform Interstate Family Support Act is 9 amended by changing Section 318 as follows: 10 (750 ILCS 22/318) 11 Sec. 318. Assistance with discovery. A tribunal of this 12 State may: 13 (1) request a tribunal of another state to assist in 14 obtaining discovery;and15 (2) upon request, compel a person over whom it has 16 jurisdiction to respond to a discovery order issued by a 17 tribunal of another state;.18 (3) upon request by a tribunal of another state, issue a 19 subpoena or a subpoena duces tecum (in the case of a 20 tribunal authorized to issue subpoenas) or direct the clerk 21 of the circuit court to issue a subpoena or a subpoena duces 22 tecum (in the case of the circuit court) requiring a person 23 in this State to appear at a deposition or before a tribunal 24 and answer questions or produce documents or other tangible 25 things for the purpose of obtaining information regarding 26 the person's assets, income, and ability to pay a support 27 order or judgment entered in the other state; and 28 (4) request a tribunal of another state to issue or 29 cause to be issued a subpoena or a subpoena duces tecum 30 requiring a person in the other state to appear at a 31 deposition or before a tribunal in that state and answer 32 questions or produce documents or other tangible things for HB1435 Engrossed -10- LRB9100272SMpk 1 the purpose of obtaining information regarding the person's 2 assets, income, and ability to pay a support order or 3 judgment entered in this State. 4 The clerk of the circuit court shall issue a subpoena or 5 a subpoena duces tecum when directed to do so by the circuit 6 court in accordance with this Section. 7 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96 8 by P.A. 88-691.) 9 Section 30. The Illinois Parentage Act of 1984 is 10 amended by adding Section 15.3 as follows: 11 (750 ILCS 45/15.3 new) 12 Sec. 15.3. 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 HB1435 Engrossed -11- LRB9100272SMpk 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 Section 99. Effective date. This Act takes effect upon HB1435 Engrossed -12- LRB9100272SMpk 1 becoming law. HB1435 Engrossed -13- LRB9100272SMpk 1 INDEX 2 Statutes amended in order of appearance 3 305 ILCS 5/10-10.4 new 4 750 ILCS 5/505.3 new 5 750 ILCS 5/714 new 6 750 ILCS 5/715 new 7 750 ILCS 15/12.2 new 8 750 ILCS 20/24.2 new 9 750 ILCS 22/318 10 750 ILCS 45/15.3 new