In re Marriage of Schmidgall

Illinois Appellate Court
Civil Court
Child Support
Citation
Case Number: 
2018 IL App (3d) 170189
Decision Date: 
Tuesday, September 11, 2018
District: 
3d Dist.
Division/County: 
Tazewell Co.
Holding: 
Affirmed as modified in part and vacated in part; remanded with directions.
Justice: 
CARTER

Petitioner filed 3rd-party complaint against ex-husband's employer, alleging that it knowingly failed to withhold money owed for child support and maintenance payments from his wages on 15 pay periods. There was sufficient proof that employer was served with Notice to Withhold that that it would have to withhold income as support payments from divorce. The $100-per-day penalty is limited to the days that Petitioner did not receive support payment after 7-day grace period expired, and would not apply where Petitioner received payments directly from ex-husband. (McDADE, concurring; HOLDRIDGE, specially concurring.)