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Illinois Statutes Chapter 735. Civil Procedure § 5/2-1403. Judgment debtor as beneficiary of trust

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 2-1403. Judgment debtor as beneficiary of trust. No court, except as otherwise provided in this Section, shall order the satisfaction of a judgment out of any property held in trust for the judgment debtor if such trust has, in good faith, been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor.

The income or principal of a trust shall be subject to withholding for the purpose of securing collection of unpaid child support obligations owed by the beneficiary as provided in Section 4.1 of the “Non-Support of Spouse and Children Act”,  1 Section 22 of the Non-Support Punishment Act,  2 and similar Sections of other Acts which provide for support of a child as follows:

(1) income may be withheld if the beneficiary is entitled to a specified dollar amount or percentage of the income of the trust, or is the sole income beneficiary; and

(2) principal may be withheld if the beneficiary has a right to withdraw principal, but not in excess of the amount subject to withdrawal under the instrument, or if the beneficiary is the only beneficiary to whom discretionary payments of principal may be made by the trustee.

1 750 ILCS 15/4.1 (repealed; see, now, generally 750 ILCS 16/1, et seq.).
2 750 ILCS 16/22.
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Cite this article: FindLaw.com - Illinois Statutes Chapter 735. Civil Procedure § 5/2-1403. Judgment debtor as beneficiary of trust - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-735-civil-procedure/il-st-sect-735-5-2-1403/

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