child support 101/102 - The Gitlin Law Firm

child[-] support obligation upon a respondent in an ongoing child[-]support proceeding
who, contrary to the court's directive, has failed to inform the court of his having resumed
employment." Williams, 191 Ill. App. 3d at 317, 547 N.E.2d at 731. ***
While Williams involved a petition to modify that was filed before the child reached
majority, we see no reason why the Williams rationale should not apply to the unique
facts in this case, especially in light of Robert's willful defiance of the May 1988 order
requiring him to report a change in his income, his failure to appear in court when
required by the May 1988 order, and the fact that his failure to report new employment
is criminal under section 20(f) of the Non-Support Punishment Act (750 ILCS 16/20(f)
(West 2004)).
It is not surprising that there was a partial dissent in this case – by Justice Turner. I believe the
dissent is better reasoned – especially as applied to a child who is emancipated. The dissent stated,
"However, Candice's inaction, along with the IDPA, the State's Attorney, and/or the AG, dictates a
result denying the requested relief. Moreover, the General Assembly, not the courts, provides the
framework for the implementation, enforcement, and achievement of this state's public policy. Here,
the majority's holding finds no support in the law, and in my view, citing public-policy
considerations as a rationale for disregarding settled law does not justify the majority's action to
reach a preferred result, however desirable."
Saputo and the Death of the 20 Year Statute of Limitation: So, is there a 20 year statute of
limitation for enforcement of child support judgments? IRMO Saputo, 363 Ill. App. 3d 1011; 845
N.E.2d 901; 301 Ill. Dec. 36 (First Dist., 2006) rules that there no longer exists a 20 year statute of
limitations, although there remains an issue regarding the effect of child support judgments which
were time barred as of July 1, 1997.
Saputo involved a 1966 divorce decree in which it was alleged that the former husband failed to
make any child support payments of $30 weekly. The ex-wife filed a "petition for revival of
judgments" alleging that her ex-husband owed her $375,529.71 (including statutory interest).
Because the 1997 amendment to Section 12-108(a), providing that child support judgments may be
enforced at any time, applies to all child support obligations, and not just public aid cases, the trial
court erred when it dismissed a petition to revive a judgment for child support arrearage that accrued
more than twenty years earlier. Child support judgments need not be revived, being specifically
exempted from the provisions of Section 13-218 of Code of Civil Procedure. The court stated, "In
reaching this conclusion, we recognize that past Illinois case law has applied the 20-year statute of
limitations contained in section 13-218 to child support judgments. See, e.g., IRMO Kramer, 253
Ill. App. 3d 923, 927 (1993); People ex rel. Wray v. Brassard, 226 Ill. App. 3d 1007, 1013-14
(1992); IRMO Yakubec, 154 Ill. App. 3d 540, 544 (1987)..." The appellate court also stated, "For
this reason, we also reject the circuit court's and defendant's reliance on IRMO Smith, 347 Ill. App.
3d 395." The critical aspect of the opinion, however, addressed the retroactivity of the 1997
amendments as to enforcement of those support judgments that had then become time barred (as of
the date of the July 1, 1997 amendments). The appellate court parenthetically cited Kramer (above)
mentioning the holding, “(Subsequent legislation extending the statute of limitations cannot be
applied retroactively to revive a time-barred cause of action unless the legislature indicates otherwise
***")." The appellate court stated that it did not reach this issue because it was clear that part of the
support judgments due under the 1996 divorce decree were not time barred by the 20 year statute of
limitation that had been in effect until 1997. Therefore, on remand, the trial court must consider
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