ALBERT W. COOK, Claimant, 0.THE DEPARTMENT OF PUBLIC AID, Respondent.
Case summary
Claimant sought recovery of Illinois income tax refunds withheld by the Department of Public Aid due to an alleged delinquency in maintenance payments. The court granted summary judgment, finding no genuine issue of material fact and that claimant was current on maintenance payments, and awarded $2,386.37.
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Headnotes
- PUBLIC AID Com-income tax refunds withheld to cover allegedly
ALBERT W. COOK, Claimant, 0.THE DEPARTMENT OF PUBLIC
AID, Respondent.
Order on motion for summary judgment filed October 11,1989
SMITH, LARSON, PITTS, WALTERS & M ETZ, LTD. (M ARK G. SPENCER, of counsel), for Claimant.
NEIL F. HARTIGAN, Attorney General (CHARLES R. SCHMADEKE, Assistant Attorney General, of counsel), for Respondent.
PUBLIC AID Com-income tax refunds withheld to cover allegedly delinquent maintenance obligation-no delinquency-award granted. An award was granted to the Claimant pursuant to his motion for summary judgment for the amount of his State income tax refunds which were improperly withheld because of his alleged delinquency in maintenance payments to his former wife, since the record showed that the Claimant was current in his maintenance payments and there was no genuine issue of material fact.
R AUCCI, J .
This cause coming on to be heard on the Claimant’s motion for summary judgment and the verified complaint being the only record before us, the Court finds that the Respondent withheld Claimant’s Illinois income tax refunds for 1984, 1985, 1986 and 1987 in the total amount of $3,274.99 because Claimant was allegedly delinquent in maintenance payments to his former wife. On April 21, 1986, the circuit court of Madison County found all payments to be current and Claimant has submitted evidence (cancelled checks) showing payment to his former wife until her death on September 28,1986.
The Department of Public Aid paid Claimant the sum of $888.62 by check dated February 6,1989, leaving a balance of $2,386.37 due to Claimant.
There is no genuine issue of material fact and Claimant is entitled to summary judgment.
[*290] ,290
It is therefore ordered, adjudged, and decreed that Claimant’s motion for summary judgment is granted, and Claimant is awarded two thousand three hundred eighty-six and 37/100 dollars ($2,386.37) in full and complete satisfaction of this claim.
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