CHAPTER 276
2001-H 5398 am
Enacted 07/13/2001


A  N     A   C   T

RELATING TO UNIFORM FRAUDULENT TRANSFER ACT

Introduced By:  Representative Cicilline Date Introduced:  January 31, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 6-16 of the General Laws entitled "Uniform Fraudulent Transfer Act" is hereby amended by adding thereto the following sections:

6-16-8.1. Intentional concealment of support. -- (a) Whoever receives or conceals an asset of another knowing that said asset is being transferred for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to chapters 5, 9, 10, 11.1 and 13 under title 15, or pursuant to any similar laws of other states, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or by both such fine and imprisonment.

(b) Whoever shall transfer an asset for the purpose of concealing it to avoid payment of an order or judgment for support issued pursuant to chapters 5, 9, 10, 11.1 and 13 under title 15, or pursuant to any similar laws of other states, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or both by such fine or imprisonment.

6-16-8.2. Fraudulent conveyance by transferor of child support -- Civil action. -- (a) A person who has been adjudged to be in contempt of an order or judgment for child support entered pursuant to chapters 9, 10, 11.1 and 13 under title 15 who knowingly makes a conveyance without fair consideration to an individual for a fraudulent purpose relating to avoiding payment of the order or judgment shall be liable in a civil action to the obligee under said order or judgment in an amount equal to the value of the conveyance made.

(b) A person shall not be liable hereunder if the conveyance made does not exceed one hundred dollars ($100) in value in any calendar year.

(c) For the purpose of this section, conveyance shall mean any payment of money, gift, assignment, transfer or lease of tangible or intangible property.

(d) A conveyance shall be deemed to be made without fair consideration unless the conveyance was made in exchange for property or goods of equal value or to satisfy an existing debt created in good faith.

SECTION 2. This act shall take effect upon passage.


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