Supreme Court Summaries
Opinions filed November 21, 2013
Schultz v. Performance Lighting, Inc., 2013 IL 115738
Appellate citation: 2013 IL App (2d) 120405.
JUSTICE THOMAS delivered the judgment of the court, with opinion.
Chief Justice Garman and Justices Freeman, Kilbride, Karmeier, Burke, and Theis concurred in the judgment and opinion.
This Lake County litigation arises from an ex-wife’s failure to receive child support. The defendant is the ex-husband’s employer, a company for which he worked until May of 2010. In 2009 dissolution proceedings, he was ordered to pay $600 every two weeks.
The ex-wife sought to obtain these support payments by means of the Income Withholding and Support Act. In November of 2011, she filed the instant complaint, alleging her failure to receive payments, defendant employer’s duty to withhold, and defendant’s obligation to pay a $100 per day statutory penalty for that failure to withhold. However, the notices provided to the employer had not provided the father’s social security number, as required by statute. The notices were, thus, not “regular on their face.” The circuit court dismissed the action with prejudice for lack of statutory compliance, and the appellate court affirmed.
In this decision, the Illinois Supreme Court also affirmed, holding that the requirements of the statute are mandatory. Although there are recent legislative amendments in this area that were effective in August of 2012, they have no impact here.