Illinois appellate court won't rehear child support award case
The 4th District Illinois Appellate court is refusing to rehear a case which allows the withdrawal of past due child support payments from a workers' compensation award.
Roby Ziegler, press secretary for the Illinois Attorney General's Office says that the only issue addressed in this case is whether past due child support could be deducted from a workers' compensation award or settlement. There are no other cases addressing this issue.
Under the Illinois Workers' Compensation Act, a debtor cannot place a lien against a settlment or award. Ziegler points out that in this situation , the word "lien" is too broad.
Frank Bartholomew fathered his son with Elizabeth Black. He subsequently signed a paternity agreement with Black.
Bartholomew fell behind in his child support payments and Black sought an order forcing Bartholomew to an administrative hearing to pay child support. Bartholomew did not show up for the hearing. When Bartholomew refused to pay child support, Black filed suit.
The trial court decided that Bartholomew could not dissipate any of his workers' compensation settlement without a court order. It awarded Black twenty percent of the net settlement and reached a conclusion that Bartholomew still owed over $6,000 in child support.
The court distributed the proceeds of Bartholomew's workers' compensation case, paying black $20,474 and placing $9,217 in a trust that would go toward child support arrearage and any interest accrued.
Bartholomew disagreed and filed an appeal. His contention was that " a request for payment of an arrearage pursuant to a child support lien for payment of a past due support obligation is a debt that is barred from collection from his compensation settlement."
Bartholomew cited the provision of the Illinois Workers' Compensation Compensation Act that bars liens, debts, penalties or damages.
The Appellate court disagreed with Bartholomew stating that Illinois' child support statutes contained an exception in colelction of child suppoprt payment
