Employer Fined for Failure to Pay Withheld Child Support
Tuesday / December 04, 2007
A fine of $1,172,100 for failing to send withheld
child support payments to the State of Illinois.
The Illinois Withholding Act not only requires
employers to deduct child support from employee
wages, but employers must remit those funds to the
state. If an employer fails to pay withheld child
support payments to the state, the employer is fined
$100 per day.
An Illinois employer recently found that the Withholding Act means just what it says. This employer repeatedly failed to remit withheld child support payments. The trial court followed the statute by fining the employer $100 per day - for a total of $1,172,100.
The employer complained to the Illinois Supreme Court that the fine was unreasonable - a substantive due process argument. But the Court was unpersuaded. The judgment against the employer was affirmed.
An Illinois employer recently found that the Withholding Act means just what it says. This employer repeatedly failed to remit withheld child support payments. The trial court followed the statute by fining the employer $100 per day - for a total of $1,172,100.
The employer complained to the Illinois Supreme Court that the fine was unreasonable - a substantive due process argument. But the Court was unpersuaded. The judgment against the employer was affirmed.
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