In a recent decision in Cook County, a Judge has ordered the employer of the non-custodial parent to pay a whopping $2.3 million dollars in a case that was originally filed for a total of only $7,820 in past due support payments.
The Wife in this case filed suit when her ex-husband, who was the former finance manager of Country Chevrolet, was behind on child support. Per Illinois law, an employer can be fined $100 per day for intentionally failing to withhold wages. So, although Country Chevrolet eventually paid the past-due support, it took them approximately six years to do so.
Although judgments of the kind are rarely entered, it is not the first one of its kind. In 2007, the Illinois Supreme Court upheld a ruling in favor of child support recipient for $1.2 million in penalties.
The interesting part about this Cook County case is that Country Chevrolet could have avoided this mistake had it simply paid the amount due. The fact that it took them six years, and the fact that the ex-husband was the financial manager of the company, may have played into the Judge’s finding that the company had intentionally avoided the withholding.
Furthermore, the Judge found that the company had written a check that had bounced, which is odd, and had produced witnesses in court that were not credible. Its hard to say what witnesses the company produced, but assuming the witnesses testified as to the clerical issues the company had, that does not explain why it took six years to correct it.
The company is likely to appeal the judgment with the Illinois Appellate Court.