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Woman sues ex-husband's employer for not timely turning over child support payments

Illinois Mother has Child Support Row not with Ex, But with His Employer

He didn't pay - because his employer wouldn't withhold his wages. At least that's what one Illinois woman claims in a recently filed lawsuit. She is seeking compensation and penalties for child support payments that should have been withheld from the paycheck of her ex-husband, but were never delivered or arrived late.

Like many in similarly complicated family situations, the woman turned to child support attorneys for help collecting the money she needed for her kids. In this case, there was a twist, however: instead of going after her former partner directly, her grievance was with his employer, an entity which allegedly failed to live up to the terms of a court order requiring it to withhold and deliver child support from his paycheck. This lawsuit brings attention to the important, often critical, role employers often play in the child support enforcement process.

Employers Must Comply with Orders to Withhold Child Support

So how can a parent go after his or her ex-partner's employer for child support? Even after a judge enters the terms of a child support order, the parent required to provide support is not always be forthcoming with payments. In Illinois, the parent entitled to support may thus serve a form known as a Notice - Income Withholding for Support on the employer of the parent who owes support.

After being served with a Notice, the employer must deduct a certain portion for child support, subject to statutory limits, directly from the parent's paycheck. Federal regulations require the employer to submit the withheld child support amount within seven business days of the scheduled pay date of the employee.

Unless the Notice says otherwise, employers submit income withholding payments to the Illinois State Disbursement Unit, which then distributes the money to whom it is owed. An employer may deduct an additional fee of up to five dollars per month from the employee's pay to help cover administrative costs of income withholding.

Failing to Live Up to Withholding Responsibilities Puts Employer on the Line

Employers which fail to comply with a properly served Notice - Income Withholding for Support can be heavily penalized. They may be held liable for the total amount they willfully fail to withhold, and may have to pay a $100 per day late fine for withheld payments that are not submitted within the seven business day grace period. But, an employer cannot penalize any employee because they have been ordered to withhold child support from that employee's paycheck.

If you need help getting the child support you are owed, or if your ex-partner's employer is already subject to withholding requirements but is failing to provide full, timely payments, you may be in need of legal assistance. Contact an experienced family law attorney today for help in obtaining the money you need for your child.

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