Ignoring Income Withholding Order Results In $53,400 In Penalties
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Failure to follow an income withholding order brings a steep price for an Illinois employer following the divorce of one of its employees. A recent appeal came down from the Circuit Court of Sangamon County called In Re the Marriage of Sally Kay Hundley filed by the former wife and against her ex-husband John and his employer, Buckhart Sand & Gravel. The wife filed a third party claim against her husband’s employer for not paying monthly maintenance according to the income withholding notice. Case Background John was ordered to pay $370.00 a month in maintenance after the parties’ trial. Sally served an income withholding notice to John’s employer. The employer, Buckhart Sand & Gravel began withholding income from John’s paychecks but did not pay those withholdings to the Illinois State Disbursement Unit (SDU) . Sally complained and filed a third-party complaint against Buckhart. Buckhart complained that the notice wasn’t properly filled out a...