The trial court said that dad owed $21,189.12 in back child support to mom.  The Dept. of Healthcare and Family Services (HFS) got involved to help with collection.

HFS contacted dad about payment. Dad did not agree with the amount that HFS said he owed. HFS sent dad notice about how he could file an appeal.

Mom’s attorney sent a letter to HFS. It said that the trial court had the power to review its orders. Not HFS. Mom asked the court for a permanent injunction to stop dad from trying to change the order.

Mom argued that it was not fair for her to keep paying to fight in court.  The child support amount had already been determined by the court. Dad did not appeal that order. It was a final order.

Mom was concerned that HFS would allow dad’s appeal to go ahead. Maybe they would change the amount due. Maybe it would be the same. If HFS did change it, who was right? The trial court judge or HFS?  The court said it alone had the power.

IRMO SCHAEFFER, 2013 IL App (2d) 121049.

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Buffalo Grove Law Offices