LAWRENCE JONES v. THE STATE OF ILLINOIS (2001)

ORDER

This cause is before the Court on Claimant Lawrence Jones Amended Complaint seeking reimbursement from Respondent State of Illinois for checks that were intercepted allegedly for claimant's failure to pay child support to his child's mother, Shirley Johnson. Claimant asserted that respondent had improperly taken checks due him from (i) the Illinois Lottery, (ii) the federal government for his pension and (iii) income tax refunds. Claimant also alleged that the enforcement efforts interfered with his ability to be employed as a security guard because the Department of Professional Regulations which issues licenses for the occupation were wrongly notified of child support arrearage.

A copy of Claimant's Settlement Order, dated December 19, 1990, entered as a result of a paternity suit filed against him, was attached to his Complaint. The Order specifies that claimant was to pay child support in the amount of $200 per month payable directly to Johnson. Copies of notices from the Cook County Office, of Child Support Enforcement were attached to his Complaint showing sums owed for child support. A copy of a letter from the Illinois Department of Public Aid, sent in April 1998, declares that Claimant owes $8,921.31 in back child support.

A hearing was conducted in this case and both parties waived the need for a court reporter. At the hearing Claimant testified that he always paid Johnson directly and she never complained to anyone about the failure to pay the child support. He stated that he went to the offices issuing the notices many times and was told they would take care of it, but he kept getting the notices. Several Notices of Intent to Pursue Collection Remedies, dated between October 1994 and September 1995 were provided. Copies of two notices that his income tax refunds were intercepted on April 3, 1995, and September 25, 1995, were presented. He also provided a copy of a Notice that his federal pension was going to be reduced and that a portion of it was to be applied to the alleged debt starting on July 1, 1998.

Claimant presented a copy of an affidavit from Johnson, prepared on December 15, 1997, in conjunction with a case he initiated to stop ADC from sending notices. Ms. Johnson states in her affidavit that, Jones has paid me $200 per month. I went to the Aid Office on Washington Street many times and said Mr. Jones does not owe me any money. She was also told they would take care of it.

Claimant presented a copy of an Order issued by the Circuit Court of County, dated September 11, 1992, prepared by the State's Attorney's Office, apparently as a result of a child enforcement case stating, there is no current support or withholding orders in effect in this case. [Jones] owes zero arrears to the Illinois Department of Public Aid. The Illinois Department of Public Aid shall refund $1,341 in overpayment to [Jones] immediately. Claimant testified that he never received the refund. The sum was for two Lottery winnings checks he was to receive, one in the sum of $1,000 (minus withholdings of $30) and the other for $371.

Respondent had filed a Department Report at the case management conference stating in effect that the Department of Public Aid did not certify the name of Lawrence Jones to the Department of Professional Regulation because of the alleged arrearage. There is no evidence that the Department of Professional Regulation took any action because of the alleged arrearage. The Report did not address the specifics of any interceptions or refunds.

Respondent filed a Supplemental Department Report at the request of the commissioner. The Supplement states that Claimant's name was submitted for a tax offset and $892.54 was withheld from him, $613.85 from a U.S. Treasury Federal Pension and $278.69 in Federal taxes. The entire amount was refunded to him and the account shows a zero balance.

Subsequent to the hearing, respondent filed a Response from the Illinois Lottery pursuant to the direction of the Commissioner. The Illinois Lottery confirmed, that the Illinois Comptroller did indeed seize two Illinois Lottery checks payable to Lawrence L. Jones in 1994 [sic] totalling $1,341.00. The attachments to the Response show that the checks were seized in 1992.

In this case the Respondent has noted in writing that Claimant did not exhaust his administrative remedies because he did not request a Departmental Fair Hearing to dispute the tax offsets. Respondent does not specifically raise this point in relation to the $1,341 Lottery winnings seized by the Comptroller. The Circuit Court Order requiring the refund the money shows that there was some type of legal proceeding although the nature or origin of it is not clear. An Assistant State's Attorney in the proceeding represented the State. Respondent does not specifically assert that the $1,341 was refunded to Claimant, nor does it expressly deny that it is owed to him.

The Court finds that Claimant has not proven that respondent is responsible for his inability to become employed as a security guard. Claimant has proven that the State owes him $1,341, which was improperly seized and not returned. The evidence does not support a finding that any other sums are owed claimant.

Claimant is hereby awarded the sum of One Thousand Three Hundred Forty One Dollars ($1,341).

RAUCCI, C.J.