Legal Question in Employment Law in Illinois

employer is not sending child support payments in.

My husbands employer is witholding child support payments from his check every week the payment is deducted but instead of being sent to child support it is put in the employer's account. Only 1 payment a month is being sent in if that. My husband talked to the sec. and she said there is not enough money in the account to send a pay. in so obviously the co. is spending my husband's money. Is his boss able to get away this? what can we do? We have heard rumours that the boss might file bankruptcy


Asked on 8/09/08, 12:47 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: employer is not sending child support payments in.

Hello. What your husband's employer is doing is a crime, assuming the company is in fact doing this. Your husband can also file a civil suit against his employer in court. He should get into court right away, if he is not already there, and let the child support judge know that the delay in child support payments is due to the actions of his employer. In some instances a judge can enter what is called a "conditional judgement" against the employer for its failure to disperse child support payments. This is a very serious matter and your husband should take immediate action. Will be happy to discuss this further.

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Answered on 8/10/08, 12:20 am


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