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90_HB0964
305 ILCS 5/10-10.4 new
750 ILCS 5/505.3 new
750 ILCS 15/12.2 new
750 ILCS 20/24.2 new
Amends the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, and the
Illinois Public Aid Code. Provides that for the purposes of
enforcement of a child support order a transfer made by a
child support obligor is fraudulent as to an obligee if the
obligor made the transfer with the intent to defraud the
obligee or without receiving equivalent value for the
transfer. Provides that in an action for relief from a
transfer by a child support obligor the State's Attorney may
obtain avoidance of the transfer, an attachment of the asset
transferred, an injunction, appointment of a receiver, or any
other relief circumstances may require.
LRB9001245SMdv
LRB9001245SMdv
1 AN ACT regarding child support enforcement.
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;
-2- LRB9001245SMdv
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 Section 505.3 as follows:
31 (750 ILCS 5/505.3 new)
32 Sec. 505.3. Tracking income and assets of obligors.
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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;
-4- LRB9001245SMdv
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 Section 15. The Non-Support of Spouse and Children Act
20 is amended by adding Section 12.2 as follows:
21 (750 ILCS 15/12.2 new)
22 Sec. 12.2. Tracking income and assets of obligors.
23 (a) A transfer made by an obligor is fraudulent as to an
24 obligee if the obligor made the transfer:
25 (1) with actual intent to hinder, delay, or defraud
26 any obligee of the obligor; or
27 (2) without receiving a reasonably equivalent value
28 in exchange for the transfer.
29 (b) In determining actual intent under paragraph (1) of
30 subsection (a), consideration may be given, among other
31 factors, to whether:
32 (1) the transfer was to an insider;
-5- LRB9001245SMdv
1 (2) the obligor retained possession or control of
2 the property transferred after the transfer;
3 (3) the transfer was disclosed or concealed;
4 (4) before the transfer was made, the obligor had
5 been sued or threatened with suit;
6 (5) the transfer was of substantially all the
7 obligor's assets;
8 (6) the obligor absconded;
9 (7) the obligor removed or concealed assets;
10 (8) the value of the consideration received by the
11 obligor was reasonably equivalent to the value of the
12 asset transferred;
13 (9) the obligor was insolvent or became insolvent
14 shortly after the transfer was made;
15 (10) the transfer occurred shortly before or
16 shortly after a substantial debt was incurred; and
17 (11) the obligor transferred the essential assets
18 of a business to a lienor who transferred the assets to
19 an insider of the obligor.
20 (c) In an action for relief against a transfer by a
21 child support obligor under this Act, the State's Attorney,
22 on behalf of a child support obligee, may obtain:
23 (1) avoidance of the transfer to the extent
24 necessary to satisfy the obligee's claim;
25 (2) an attachment or other provisional remedy
26 against the asset transferred or other property of the
27 transferee in accordance with the procedure prescribed by
28 the Code of Civil Procedure;
29 (3) subject to applicable principles of equity and
30 in accordance with applicable rules of civil procedure,
31 (A) an injunction against further disposition
32 by the obligor or a transferee, or both, of the
33 asset transferred or of other property;
34 (B) appointment of a receiver to take charge
-6- LRB9001245SMdv
1 of the asset transferred or of other property of the
2 transferee; or
3 (C) any other relief the circumstances may
4 require.
5 (d) If an obligee has obtained a judgment on a claim
6 against the obligor, the State's Attorney, if the court so
7 orders, may levy execution on the asset transferred or its
8 proceeds.
9 Section 20. The Revised Uniform Reciprocal Enforcement
10 of Support Act is amended by adding Section 24.2 as follows:
11 (750 ILCS 20/24.2 new)
12 Sec. 24.2. 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
-7- LRB9001245SMdv
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.