On review, we believe the record supports a finding that the State's argument regarding the application of funds to missing child support payments was made in good faith and after due inquiry. Respondent cites the case of State of Maine Department of Human Services ex rel. Smail v. Smail (1981), 100 Ill. App.3d 997, to support his position. However, we believe the facts in Smail are distinguishable from the case at bar.

The State further argues that, at its very worst, any characterization to be placed upon the actions of the State's Attorney must be placed in the category of an "honest mistake" which is not within the purview of section 2-611, as there was evidence presented that the clerk's check to petitioner was initially improperly addressed, thereby causing a delay in petitioner's receipt of same. Respondent relies solely upon the decision in State of Maine Department of Human Services ex rel. Smail v. Smail (1981), 100 Ill. App.3d 997, 427 N.E.2d 636, for authority to impose the sanctions of section 2-611 against the State. In State of Maine, the appellate court affirmed the decision of the trial court to assess damages against the State of Maine, which had brought suit on behalf of a woman who alleged that her husband was in arrears in support.

Defendant's motion for expenses and attorney fees levels an accusing finger at the complainant but does not allege the People knew the allegations were untrue or that the People made them without reasonable cause. In State of Maine Department of Human Services ex rel. Smail v. Smail (1981), 100 Ill. App.3d 997, 427 N.E.2d 636, the court affirmed the decision of the trial court assessing damages against the State of Maine, which had brought suit on behalf of a woman who alleged her ex-husband was in arrears in support payments. We find State of Maine distinguishable from the case at bar.

As an aside, the court indicated that the court costs had not been deposited. The defendant argues Maine Department of Human Services ex rel. Smail v. Smail (1981), 100 Ill. App.3d 997, 427 N.E.2d 636, is authority for this court to order the State's Attorney to pay the costs in this proceeding. The Maine case is inapposite.