Will County Attorneys for Income Withholding Violations and Retaliations
Experienced Joliet, IL Child Support Lawyers
Under Illinois law, child support withholding violations are extremely serious and may result in fines levied by a presiding court. At the Davi Law Group, our experienced family law attorneys are well-versed in all aspects of child support and are equipped to offer responsible legal advice to families throughout the region. Our attorneys fully understand the importance of support obligation enforcement and possess a thorough working knowledge of support responsibility and entitlement statutes. When you have questions about child support withholding violations or retaliation, you can rely on us to help you find the answers.
Child Support Withholding Violations
The law in Illinois looks to provide security for children of parents who are divorced, separated, unmarried, or dealing with a number of other potential concerns. This is most often accomplished through orders payments of child support, which may be initiated subsequent to a divorce, legal separation, or determination of parentage. Child support is, most often, ordered to assist a primary residential parent provide for the physical, mental, emotional, and educational needs of his or her child.
Other situations, such as a child being raised by legally-recognized third party custodian, may require both parents to provide financial support. No matter who is responsible for paying the support, the recipient, known as the obligee, may request such payments be withheld directly from the income of the paying party, or obligor. The arrangement is formalized by means of withholding notice, making the obligor’s employer, or other entity that provides income, a “payor.”
All provisions regarding income withholding and support obligations are contained in the Income Withholding for Support Act. Under the terms of a withholding notice, the obligated support payments are to be withheld or deducted from the obligor’s compensation by the payor. The payor must then forward the appropriate amounts to the obligee or applicable agency as required by the notice. A recipient who does not receive the obligated payments must notify the payor, and repeated failures to pay may result in civil action against the payor. There is a seven-day grace period for the remittance of payments, after which the employer is liable for a $100.00 penalty per day. Penalties are added the amount due to the obligee, and may not exceed $15,000 per case.
Attorneys for Withholding Retaliation
The Income Withholding for Support Act also protects obligors from retaliation by his or her employer. Acts of retaliation include discharge, discipline, refusal to hire, or other punitive measures taken by a payor due to the requirement of withholding income. If a payor refuses, in any way, to comply with a valid withholding notice or any other provision of the Act, the obligor retains the right to pursue legal action.
If you have questions about the income withholding process or are experiencing retaliation from your employer, the team at the Davi Law Group is ready to assist you. Contact us at 815-582-4901 for a no-cost initial consultation, valued at approximately $325.00. We will review your support concerns and help you understand your options. Call today to schedule an appointment at one of four office locations.