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Child Support Services ENFORCEMENT

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UNIFORM FRAUDULENT TRANSFER ACT

    1. An overview of the Uniform Fraudulent Transfer Act;
    2. Definitions of terminology used in the Uniform Fraudulent Transfer Act;
    3. Factors to consider concerning fraudulent transfer;
    4. Remedies for creditors affected by fraudulent transfer;
    5. Liability and protection for transferees;
    6. Statute of limitations for taking action with respect to fraudulent transfer;
    7. Agency responsibilities concerning fraudulent transfer.
    1. Whether or not the child support claim arose before or after the transfer was made with intent to hinder, delay, or defraud any creditor of the debtor; or
    2. Without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was engaged in a business transaction for which the remaining assets of the debtor were unreasonably small; or
    3. The debtor would incur debts beyond the ability to pay as they became due.
    1. The transfer was to an insider such as a relative, a partner, or a corporation of the debtor;
    2. The debtor retained possession or control of the property after the conveyance occurred;
    3. The transfer was disclosed or was concealed, particularly from the child support agency or custodial parent;
    4. The transfer was made after the NCP had been either cited to court or had been told that this was the next appropriate action;
    5. The debtor removed or concealed assets;
    6. The debtor absconded;
    7. The transfer was substantially all of the debtor's assets;
    8. The value of the amount received was or was not reasonably equivalent to the value of the asset transferred;
    9. The debtor was insolvent or became insolvent shortly after the transfer was made;
    10. The transfer occurred shortly before or after the debt was incurred;
    11. The debtor transferred the assets of a business to a lienor, who then conveyed those assets to an insider;
    12. The debtor transferred the assets in the course of legitimate estate or tax planning;
    13. The debtor made the transfer without receiving a reasonably equivalent value, and it is reasonable to believe that the debtor would incur debts beyond the ability to pay them as they came due.
    1. An action to void the transfer or obligation to the extent that is necessary to satisfy the claim;
    2. An attachment or other provisional remedy against the transferred asset or other property of the transferee (the recipient of the transfer);
    3. An injunction against further disposition by the debtor and/or the transferee of the transferred asset or of other property;
    4. The appointment of a receiver to take charge of the transferred asset or of other property of the transferee;
    5. Any other relief the circumstances might require.
    1. A person took the property or obligation in good faith and for a reasonably equivalent value;
    2. The insider gave a new value to the transferred property;
    3. The transfer results from the termination of a lease upon default by the debtor;
    4. The transfer is the result of enforcement of a security interest in compliance with the Uniform Commercial Code;
    5. The transfer was made pursuant to a good-faith effort to rehabilitate the debtor;
    6. The transfer was made in the ordinary course of business or financial affairs of the debtor and the insider.
    1. Within four (4) years after the transfer was made, or if later, within one (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant for cases of intent to hinder, delay, or defraud any creditor;
    2. Within four (4) years after the transfer was made for cases in which the transfer was made without receiving a reasonably equivalent value; or
    3. Within one (1) year after the transfer was made to an insider and the debtor was insolvent at the time, and the insider had reasonable cause to believe that the debtor was insolvent.

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