Arnoux Settles Case Against Employer for Improperly Withholding Child Support

Thursday, July 17, 2014

 

Matthew C. Arnoux

Matthew C. Arnoux

Matthew C. Arnoux recently settled a case for a client who sued the employer of the ex spouse for failing to withhold the proper amount of child support. It was the third time in the last two years that Birnbaum, Haddon, Gelfman & Arnoux has secured a recovery against an employer for improper child support withholding.

The Illinois statute involved, 750 ILCS 28/, the Illinois Income Withholding for Support Act, allows custodial parents to recover substantial sums if an employer misses a withholding for child support or improperly withholds the amount it is obligated to withhold.

To recover against an employer, a child support order and notice to withhold must have been served on the employer. If the employer fails to withhold the proper amount as directed in the notice to withhold, the employer is put on notice to cure the defect within one year. If the defect is not cured, the employer is liable for a penalty of $100 per day for each day after 10 days from the date the initial withholding was due until reaching a maximum $10,000 limit per missed or malformed payment.

The penalty is independent of any amount of child support withholding the custodial parent is owed in arrears. Custodial parents also may request statutory interest owed on the past support as well as the attorney’s fees and costs incurred to prepare and present the petition to the court.

Because the law is extremely technical and includes a statute of limitations provision of only one year, any custodial parent who does not receive child support in a timely fashion from their ex spouse’s employer should contact Matthew C. Arnoux of Birnbaum, Haddon, Gelfman & Arnoux at (312) 863-2802 without delay to determine whether a recovery is possible under the statute.