QUESTION

are state issued iwo enforceable

Asked on Oct 21st, 2011 on Family Law - Illinois
More details to this question:
the state issued a child support withholding order to my employer, he failed to comply with it. he would with hold money and never pay it over or he would just not with hold it. is he liable for the $100 a day fine? or is he off the hook because the state used the regular mail. In Illinois. 750 ILCS 28/35(a)
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1 ANSWER

While the potential liability of your employer can be a concern to you regarding the support order, you need to know that your obligation to pay support would include the delivery of that money to the custodial parent. There are statutes in place that allow for collection to start in one state and complete in another. In short, if the funds are either not being withheld or not being sent, that would not relieve you of your responsibility and obligation to pay support in a timely manner in an amount equal to the court order that gave rise to the withholding order.  A contempt petition that seeks jail, suspension of your driver's license and/or jail may be forthcoming if all the monies due have not been paid.  The focus of your actions should be in determining how much of the withheld monies were sent and what monies you may currently owe.  This information should be taken to an attorney that in well versed in interstate child support matters.  The attorney would also be able to review the withholding order in question and, while not providing legal advise to or advising your employer, counsel should be able to answer your questions directly regarding sanctions to your employer.  Counsel may also be able to assist you in securing your employer's future compliance with the support order.  
Answered on Nov 07th, 2011 at 2:07 PM

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