Illinois child-support obligors who refuse to pay risk losing driving privileges, professional licenses, the right to hunt or fish, and other penalties.
On May 1, 2008, the Illinois Appellate Court, Second District, affirmed the judgment of the Circuit Court of Lake County ordering the ex-husband's employer, Knobias, to pay $369,000 to the employee's ex-wife as a penalty for knowingly failing to pay, within seven business days, child support from wages of the ex-husband.
The supreme court ruled that a $1 million-plus penalty for an employer’s failure to timely pay a $12,000-plus child support obligation was not unconstitutional on the facts.
The third district upheld a ruling requiring an obligor to pay 60 percent of his income to pay off a child-support/maintenance arrearage totaling more that $200,000.
The Illinois Appellate Court, First District, recently reversed the Circuit Court of Cook County's judgment against defendant H. E. Miller, Sr., ordering him to pay a $1,172,100 penalty for "knowingly failing to timely remit child support payments withheld from his employee's wages."
In order to allow the Department of Healthcare and Family Services (Department) to make compromise arrangements for assigned child support arrearages, the Illinois General Assembly has added section 10-17.12 to the Illinois Public Aid Code. 305 ILCS 5/10-17.12.
On April 19, 2006, the Illinois Appellate Court, Second District, reversed the decision of the Circuit Court of DuPage County, which found that it had no authority to determine whether equitable estoppel prevented a mother from collecting unpaid child support from the father.
A collection agency may not impose a fee or charge, including costs, for any child support payments collected through the efforts of a federal, state, or local government agency.
On November 18, 2004, the Illinois Supreme Court upheld the orders of the appellate and circuit courts which increased the amount of child support that the father was obliged to pay.
On March 4, 2004, the Fourth District Appellate Court affirmed the judgment of the Circuit Court of Champaign County, denying a father's petition to modify child support.
On January 21, 2004, the Appellate Court of Illinois, Second District, affirmed the judgment of the Circuit Court of Winnebago County, reversing an administrative order of the Illinois Department of Public Aid as against the manifest weight of the evidence.
On January 28, 2004, the Appellate Court of Illinois, Fifth District, affirmed in part the order of the Circuit Court of Montgomery County modifying the child support obligor's support obligation, reversed in part and remanded for further proceedings.
On December 10, 2003, the Appellate Court of Illinois, Fourth District, upheld the order of the Circuit Court of Vermillion County ordering the non-custodial parent, a professional athlete, to pay $8,500 in monthly child support.
There's nothing interesting about calculating interest on overdue child support. But like it or not, you'd best not neglect it, which is what too many lawyers do.
