Illinois Child Support Lawyers
Assisting Clients with Income Withholding Violations and Retaliations
In Illinois, child support withholding violations are a serious matter and are subject to court fines. The family law attorneys at the Davi Law Group are extremely knowledgeable about child support issues and are able to provide sound legal advice and representation for our clients. Our attorneys are seasoned support obligation enforcers and are well-versed on all support responsibilities and entitlements under Illinois laws. If you have questions about withholding violations and associated legal retaliations, we can help you find the answers you need.
Understanding Child Support and Withholding Violations
Illinois laws provide financial stability for children of divorce, parentage, and other family issues through child support payments. Divorce, parentage determinations, and legal separations can all result in child support proceedings. Support payments are intended to aid custodial parents in caring for the educational, physical, mental, and emotional needs of a child. Depending on the circumstances of the parents, the duty of support may belong to one or both parents. Those who have a duty of support, or obligors, must pay the obligee who receives the support. In any case, any obligee is entitled to request an income withholding notice unless it is agreed to accept direct payments from the obligor. If support is to be paid via income withholding notice, the "payor" becomes any entity that provides income to an obligor, i.e. an employer.
The Income Withholding for Support Act explains all provisions related to income withholding for support obligations. The withholding notice outlines the duty of support for the obligor and requires the payor to withhold or deduct an appropriate amount from the obligor’s pay and pay the support obligation under specific time parameters. If an obligee does not receive payments after a payor has been served the an income withholding notice, Illinois law requires an obligee to notify the payor that payment(s) have not been received. Repeated failures to pay may subject the employer to a civil action. After a seven-day grace period for any missed payment, the employer will pay a $100.00 penalty, per incident, for every day the amount on the withholding is not paid in addition to the amount of support that should have been withheld and paid to the obligee; however, penalties in any suit cannot exceed $15,000.
Experienced Help for Income Withholding Retaliation Matters
In matters of child support, the Income Withholding for Support Act (750 ILCS 28/) provides protection for the obligor from acts of retaliation from his or her employer. The payor (employer or income provider) is required to honor and execute a proper request for withholding on behalf of the obligor. If payor "willfully discharges, disciplines, refuses to hire, or otherwise penalizes an obligor," or refuses to be compliant with the Act in any form, the obligor has the right to pursue legal action against the payor. If you believe that you are experiencing retaliation from an employer in response to a withholding request, we can help you through the complaint process.
Contact us today for a free, initial consultation, which has a value of approximately $325.00. We will provide a realistic assessment of your child support matter and explain our approach. Please schedule an appointment at any one of our offices in Joliet, Chicago, Warrenville, or Wheaton, Illinois. Should you retain us as your counsel, financing options are available. We look forward to speaking with you.