Tuesday, April 20, 2010

Company Fails To Forward Child Support Money -- Faces Stiff Penalty

McHenry County State’s Attorney, Louis A. Bianchi reports that his office has made the collection of $5,000 in a settlement with a local business, on behalf of a child and her custodial parent, for not providing timely child support payments.

The Illinois Legislature and the Illinois Supreme Court have clearly determined that the law in Illinois is that employers who have been properly served with an Income Withholding Court Order and still fail to pay over income to the State Disbursement Unit (SDU) in a timely manner - can be penalized. Illinois law requires employers to promptly process an order or notice to withhold income and a penalty of $100.00 per day may be collected against employers for noncompliance.

Monday, Louis A. Bianchi presented a local mother with the check for $5,000 from the employer (of the non-custodial parent) as its penalty for not having made timely payments to the SDU. The State's Attorneys office strives to enforce timely child support payments and recognizes that custodial parents and their children rely on swift enforcement and that financial hardship may result from delays in the collection of such payments. In this case, there were instances when the employer waited 30 to 45 days to forward the child support monies to the SDU. This matter was pursued by Assistant State’s Attorney Amy Bates.

Note: At this time, child support in McHenry County is enforced by the State’s Attorney’s Office and by the Attorney General’s Office in Rockford (for the Illinois Department of Healthcare and Family Service – IDHFS). If you are experiencing challenges in the collection of child support, please contact either office to determine which office should assist you – or stop by the State’s Attorney’s Office for a brochure explaining same.

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