Divorce is not only a very trying and exhausting time; it can also create a financial burden for many families. Undoubtedly, child support can be the biggest of financial burdens. Child support is something that many parents are forced to pay following a divorce. It’s not something many parents want, or are able, to pay, but it is important and crucial to the welfare and safety of the child that payments are made in the correct amount and on time.

Child support is taken very seriously in the state of Illinois. Here, unlike other states, Illinois has a predetermined guideline in place that will determine how much a parent is due for child support.  It is based on how many kids you have, how much parenting time you have and what each of you earn.

When a parent fails to pay or falls behind on payments, the parent can face some pretty hefty consequences. Issuing of a warrant, resulting in high fines and possibly jail time, is the most severe punishment. Other consequences include driver’s license revoked, unable to receive government benefits or tax refunds, passports denied and fines with higher charges.

There are instances when the court may feel it necessary that child support payments garnished from the non-custodial parent’s wages. Sounds like a simple system. The court creates the order, gives it to the employer who garnishes wages and pays for the non-custodian’s child support. It doesn’t seem like it could get any simpler than that.

However, what happens if the employer garnishes from an employee’s check, but is not sending the child support as ordered?

This seems incredibly far-fetched, but it actually happens more than you might think. One Illinois mother found herself in this exact situation and was able to file a lawsuit against her ex-spouses employer for failure to deliver the child support payments. In many situations, this can turn into an illegal and expensive situation for the employer.

In Illinois, if an employer doesn’t pay the child support order, they will be fined up to $100 per day as a late fee for any payments not received within seven (7) days by the Illinois State Disbursement Unit, as well as owe the original amount. A late payment could be because of a glitch in the system, a turnover in admin, or just an outright refusal. It doesn’t matter the reason and can become very costly for a business.

Non-custodial parents can become very disgruntled for several reasons when it comes to paying child support. We get that. But, when it is because an employer ignores a court order that is unacceptable. It costs them nothing to comply with these orders and they should be held accountable for it.

If you have found yourself in a situation where your employer or your ex’s employer is not paying the court ordered child support, please call us now. We can refer you to an attorney that will fight for your case.