In re Marriage of Heady, No. 2-09-0022 (Ill. App. 3/1/2010) (Ill. App., 2010) – A trial court can not limit enforcement proceedings by the State of Illinois. Unless the parties agree to a payment arrangement or a party waives the right to enforcement proceedings a trial court judge can not limit enforcement to a simple arrearage payment. Thus a party or the State of Illinois can use additional avenues to enforce past due child support judgments.
Illinois Dept. of Healthcare v. Wiszowaty, 913 N.E.2d 680 (Ill. App., 2009) – This may be the most significant child support enforcement case ever. Here the Supreme Court of Illinois will decide whether child support interest is mandatory for unsatisfied judgments prior to the year 2000 and whether such is retroactive to 1987. It is my belief that the current law passed in 2006 requires that interest is mandatory and retroactive for all past due support thereby making the isue moot. If interest is not mandatory and retroactive then the current law, which is essentially a math problem, cannot be solved if interest, the variable is discretionary and fluctuating depending upon each payment owed.
750 ILCS 28/35 - To preserve your right to sue an employer for failing to comply with an Income Withholding Notice, assuming the Notice sent on your behalf is proper to begin with, one must have served the payor as follows: A finding of a payor's nonperformance within the time required under this Act must be documented by a certified mail return receipt or a sheriff's or private process server's proof of service showing the date the income withholding notice was served on the payor. It is not sufficient to hand deliver, email or fax the Notice as mentioned in state law 750 ILCS 28/20(g).
Illinois Department of Healthcare and Family Services ex rel. Black v. Bartholomew, No. 4-09-0197 (Ill. App. 12/8/2009) (Ill. App., 2009) – The court in this ruling makes it very clear that worker compensation settlements/awards can be used to satisfy past due child support judgments due to the definition of income in 750 ILCS 28/1.
