Cook v. Department of Public Aid

Court of Claims of Illinois

Cook v. Department of Public Aid

42 Ill. Ct. Cl. 289, 1989 Ill. Ct. Cl. LEXIS 30

CourtCourt of Claims of Illinois

DecidedOctober 11, 1989

DocketNo. 89-CC-2060

StatusPublished

This text of 42 Ill. Ct. Cl. 289 (Cook v. Department of Public Aid) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Department of Public Aid, 42 Ill. Ct. Cl. 289, 1989 Ill. Ct. Cl. LEXIS 30 (Ill. Super. Ct. 1989).

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Opinion

Raucci, 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.

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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Raucci, 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.

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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Bluebook (online)

42 Ill. Ct. Cl. 289, 1989 Ill. Ct. Cl. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-department-of-public-aid-ilclaimsct-1989.