Cook County Judge Hits Employer With $2.3 Million in Child Support Penalties

 Posted on April 26, 2016 in Child Support

In what many are calling the largest ruling of its kind in the state’s history, a judge in Cook County has awarded a Flossmoor woman nearly $2.3 million in penalties payable by her ex-husband’s former employer. The court found that the employer—a Herscher car dealership—should have been withholding child support payments from the man’s paycheck but failed to do so. The dealership tried to claim that the man was an independent contractor and not an employee, but the court disagreed.

Income Withholding Notices

According to the law in Illinois, when a person is required to pay child support, his or her employer must be notified and served with an income withholding notice, unless there is a court-approved alternate agreement between the parties on record. The notice must include the employee’s information and the amount that is to be withheld from each paycheck. Once the employer has received the income withholding notice, it is the employer’s legal responsibility to withhold the correct amount the forward the funds to the State Disbursement Unit so they can be distributed to the parent receiving support. Failure to comply with the notice can leave the employer subject to fines of up to $100 per day.

Blatant Noncompliance

Court records indicate the car dealership in the case at hand was supposed to be withholding $230 per week in child support from the ex-husband’s pay. The man worked for the dealership for approximately nine months, but the employer never withheld any support. The wife filed suit against the dealership, demanding the payments she was owed. After disputes and apparent deception on the part of the dealership, she ultimately received $7,820 in April of 2011. Earlier this month, however, Cook County Judge Bonita Coleman-John ruled that the $100 per day penalty should apply for each day from March 31, 2009, to April 7, 2011, when the payment was actually made. The total penalty equaled $2,263,500, with a hearing for $861,000 more in attorneys’ fees set for July.

Child Support Professionals

It can be challenging to enforce an order for child support, especially if you are up against a company that is refusing to cooperate. Fortunately, you do not need to go through it alone. Contact an experienced Lombard family law attorney today to get the help you need. Our compassionate team will fight to ensure that you receive the payments you deserve. Call 630-426-0196 to schedule a confidential consultation at A. Traub & Associates.

Sources:

http://cookcountyrecord.com/stories/510712490-country-chevrolet-of-herscher-ordered-to-pay-2-3-million-for-failing-to-withhold-child-support-payments

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2093&ChapterID=59