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ILLINOIS DEPT. OF HEALTHCARE v. WISZOWATY

No. 1-08-1080.

913 N.E.2d 680 (2009)

ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES ex rel. Margaret WISZOWATY, n/k/a Margaret Mihaila, Petitioner-Appellant, v. Mark WISZOWATY, Respondent-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

August 14, 2009.

Attorney(s) appearing for the Case

Lisa Madigan, Atty. Gen., Michael A. Scodro, Solicitor Gen., and Jan E. Hughes, Asst. Atty. Gen., Chicago, IL, for Petitioner-Appellant.

Justice McBRIDE delivered the opinion of the court:

The primary issue on appeal is whether simple interest on past-due child support payments became mandatory as early as May 1, 1987, the effective date of certain amendments to section 12-109 of the Code of Civil Procedure (735 ILCS 5/12-109 (West 2006)) (hereinafter Code) and section 505 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505 (West 2006)) (hereinafter Act). The appellant contends...

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