When a couple in Illinois shares a child and are no longer in a relationship, one will generally be the custodial parent and the other will make support payments for the child’s care and upkeep. With child support, there is a great deal of nuance in how much will be ordered to pay, whether or not there can be changes, and what to do if the parent does not pay the proper amount in a timely fashion. These cases can vary widely on numerous factors and, if the circumstances are right, can even involve an employer who has been ordered to withhold payments but did not do so.
Recently, an Illinois judge issued an order that a Chevrolet dealership pay $2.3 million to a custodial parent. This case had originally been filed in pursuit of slightly more than $7,800 in payments that were past due. The female plaintiff had been married to the former finance manager of the Chevy dealership. It was her contention that the dealership had not adhered to the laws of the state when it did not withhold a portion of the man’s earnings that were earmarked for child support. The case was filed in 2010 for $7,820. However, there is a different part of the law that says an employer can face a fine of $100 daily if they fail to withhold wages and do so on purpose. These can compound over time.
The dealership asserted that the missed payments were not done in an attempt to shun their responsibility, but happened because of clerical mishaps. They also said that the father of the child was not an employee, but was an independent contractor. It is almost certain that they will appeal the decision. The judge stated that the dealership ignored the order to withhold the payments, provided a check for which there was insufficient funds, and had witnesses who were not considered credible to testify in the case.
As this case shows, child support enforcement is a serious matter and it can involve not just the parents who are supposed to be making the payments, but their employers as well. Having legal help from an attorney who has a full understanding of the law when it comes to child support enforcement, a support agreement and other issues is imperative.
Source: daily-journal.com, “$2.3M judgment may be largest ever,” Jon Krenek, April 8, 2016