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HICKEY v. DUFFY

No. 86-2941.

827 F.2d 234 (1987)

Norma HICKEY and Julian Sheimo, for themselves and a class of those similarly situated, Plaintiffs-Appellants, v. Edward T. DUFFY, Director of the Illinois Department of Public Aid, and the Illinois Department of Public Aid, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1987.

Attorney(s) appearing for the Case

Jerry Brask, Prairie State Legal Services, Wheaton, Ill., for plaintiffs-appellants.

James C. Stevens, Sp. Atty. Gen. Office, Ill. Atty. Gen.'s Office, Chicago, Ill., for defendants-appellees.

Before WOOD, FLAUM, and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

When a child of separated parents receives welfare benefits under the program of Aid to Families with Dependent Children (AFDC), the state obtains the right to any child support payments the non-custodial parent owes to the custodial parent. See Bowen v. Gilliard, ___ U.S. ___, 107 S.Ct. 3008, 3012-14, 3018 n. 19, 97 L.Ed.2d 485 (1987). This litigation, filed in state court to determine whether the obligation to pay child support...

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