ILLINOIS DEPT. OF HEALTHCARE AND FAMILY SER. EX REL. MARGARET WISZOWATY v. Wiszowaty
942 N.E.2d 1253
Ill.2011Background
- Mark Wiszowaty and Margaret Mihaila divorced in 1991; Mark was ordered to pay $48 weekly in child support.
- The child’s support arrears accumulated and were in dispute decades later (1991 onward).
- In 2005 Mark filed for declaratory judgment to adjust arrears; the Department intervened in 2006 seeking contempt and arrearage with interest from the first missed payment in 1991.
- Mark conceded the arrearage and that interest on unpaid support became mandatory after amendments to the Marriage Act in 2000, but contested pre-2000 interest.
- The circuit court concluded interest became mandatory in 1987 under Public Act 85-2; the appellate court disagreed, holding no mandatory interest in 1987.
- The Illinois Supreme Court reversed, holding that 1987 amendments made unpaid child support judgments bear interest mandatorily from 1987.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did 1987 Public Act 85-2 make interest on unpaid child support mandatory? | Wiszowaty argues interest began in 1987 as mandatory under 85-2. | Department contends 1987 changes did not mandate interest, citing Finley and discretionary rules. | Yes; unpaid child support judgments bear mandatory interest beginning May 1, 1987. |
Key Cases Cited
- Finley v. Finley, 81 Ill.2d 317 (1980) (interest on support previously discretionary absent statute)
- In re Marriage of Steinberg, 302 Ill.App.3d 845 (1998) (context on judgments and interest in support; historical interpretation)
- Burwell v. Burwell, 324 Ill.App.3d 206 (2001) (addressed statutory history of interest in child support)