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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB1774
LRB9104124DJcd
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 713.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 713 as follows:
7 (750 ILCS 5/713) (from Ch. 40, par. 713)
8 Sec. 713. Attachment of the Body. As used in this
9 Section, "obligor" has the same meaning ascribed to such term
10 in the Income Withholding for Support Act.
11 (a) In any proceeding to enforce an order for support,
12 where the obligor has failed to appear in court pursuant to
13 order of court and after due notice thereof, the court may
14 enter an order for the attachment of the body of the obligor.
15 Notices under this Section shall be served upon the obligor
16 either (1) by prepaid regular certified mail addressed with
17 delivery restricted to the obligor at the obligor's last
18 known address, or (2) by personal service on the obligor.
19 The attachment order shall fix an amount of escrow which is
20 equal to a minimum of 20% of the total child support
21 arrearage alleged by the obligee in sworn testimony to be due
22 and owing. The attachment order shall direct the Sheriff of
23 any county in Illinois to take the obligor into custody and
24 shall set the number of days following release from custody
25 for a hearing to be held at which the obligor must appear, if
26 he is released under subsection (c) of this Section.
27 (b) If the obligor is taken into custody, the Sheriff
28 shall take the obligor before the court which entered the
29 attachment order. However, the Sheriff may release the
30 person after he or she has deposited the amount of escrow
31 ordered by the court pursuant to local procedures for the
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1 posting of bond. The Sheriff shall advise the obligor of the
2 hearing date at which the obligor is required to appear.
3 (c) Any escrow deposited pursuant to this Section shall
4 be transmitted to the Clerk of the Circuit Court for the
5 county in which the order for attachment of the body of the
6 obligor was entered. Any Clerk who receives money deposited
7 into escrow pursuant to this Section shall notify the
8 obligee, public office or legal counsel whose name appears on
9 the attachment order of the court date at which the obligor
10 is required to appear and the amount deposited into escrow.
11 The Clerk shall disburse such money to the obligee only under
12 an order from the court that entered the attachment order
13 pursuant to this Section.
14 (d) Whenever an obligor is taken before the court by the
15 Sheriff, or appears in court after the court has ordered the
16 attachment of his body, the court shall:
17 (1) hold a hearing on the complaint or petition
18 that gave rise to the attachment order. For purposes of
19 determining arrearages that are due and owing by the
20 obligor, the court shall accept the previous sworn
21 testimony of the obligee as true and the appearance of
22 the obligee shall not be required. The court shall
23 require sworn testimony of the obligor as to his or her
24 Social Security number, income, employment, bank
25 accounts, property and any other assets. If there is a
26 dispute as to the total amount of arrearages, the court
27 shall proceed as in any other case as to the undisputed
28 amounts; and
29 (2) order the Clerk of the Circuit Court to
30 disburse to the obligee or public office money held in
31 escrow pursuant to this Section if the court finds that
32 the amount of arrearages exceeds the amount of the
33 escrow. Amounts received by the obligee or public office
34 shall be deducted from the amount of the arrearages.
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1 (e) If the obligor fails to appear in court after being
2 notified of the court date by the Sheriff upon release from
3 custody, the court shall order any monies deposited into
4 escrow to be immediately released to the obligee or public
5 office and shall proceed under subsection (a) of this Section
6 by entering another order for the attachment of the body of
7 the obligor.
8 (f) This Section shall apply to any order for support
9 issued under the "Illinois Marriage and Dissolution of
10 Marriage Act", approved September 22, 1977, as amended; the
11 "Illinois Parentage Act of 1984", effective July 1, 1985, as
12 amended; the "Revised Uniform Reciprocal Enforcement of
13 Support Act", approved August 28, 1969, as amended; "The
14 Illinois Public Aid Code", approved April 11, 1967, as
15 amended; and the "Non-support of Spouse and Children Act",
16 approved June 8, 1953, as amended.
17 (g) Any escrow established pursuant to this Section for
18 the purpose of providing support shall not be subject to fees
19 collected by the Clerk of the Circuit Court for any other
20 escrow.
21 (Source: P.A. 90-673, eff. 1-1-99.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.