Legal Question in Family Law in Illinois
Child Support Garnishment
My ex-wife garnished my check a year ago and made my employer pay my child support for me from my check. This decision was over turned recently by an Il court. It has taken 45 days to lift the garnishment from my check. However, the last check that was garnished my my employer, was never received by her or so she says. For 13 months there was not a problem but now that the court has lifted it, there is. Anyway, my employer said they took it out of my pay (whihc they did) and sent it to her by mail - as normal. She says they did not. She told me that I had to go to my employer and fix the problem and if I did not she would have her attorney draw up arrage papers becuase it was my responsiablity. Once the court garnished my check and made it my employers duty to send her money, didn't that become a problem with her and the court, or her and my employer or her and someone else? The garnishment was out of my hands, there was no hearing and everything was in her hands, shouldn't it still be up until the point that the garnishment was offically lifted?
1 Answer from Attorneys
Re: Child Support Garnishment
Changes to federal law in the 1990�s made automatic withholding by employers a matter to be implented in all states. In Illinois, an employer has an obligation to withhold and can be held liable for a failure to do so.
Information regarding support payments paid through automatic withholding is kept on computer. You can check whether a particular support payment has been made by inquiry to the circuit court clerk for the county which has jurisdiction over the child support matter.
You are always responsible for child support, always. While it is true that the matter appears to be between your ex and your employer, you are still the obligor. This is about your kids, not your ex or your employer. If you know that child support is not being sent to your ex for any reason, you should be replacing the missing checks until the problem is sorted out.
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