Department Of Public Aid Ex Rel. Cox v. Miller

586 N.E.2d 1251 (1992)

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Nature of the Case

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Facts

The Department brought a paternity action for Monica Cox, a minor. The Department sought a determination that Miller was the father and requested reimbursement for public aid given to Monica and her mother and asked for future support. Miller filed a motion to dismiss based on a 1978 settlement agreement between him and the child's mother wherein Miller paid $5,000, and she agreed to dismiss a paternity action. The court denied Miller's motion and allowed an interlocutory appeal. The appeals court granted leave to appeal and reversed and remanded the cause. The Supreme Court of Illinois heard the case. The 1978 case was dismissed with prejudice and Miller did not admit paternity but stated he was buying peace of mind. The present circuit court indicated that the agreement made in 1978 and the preceding court did not make the mandated findings regarding the best interests of the child and were thus invalid. The court that agreed to the settlement did not make specific findings of fact related to the best interests of the child but the appeals court held that no error should be presumed and had the judge not been satisfied with the settlement, he would not have signed the order. The appeals court also pointed out that nowhere was it required that the child be represented by a guardian ad litem during the initial paternity action and settlement. The appeals court also pointed out that the Department brought the 1978 action on behalf of the mother. The records show that the mother was represented by a private attorney.