The Illinois Family Lawyer

Commentary on the practice of family law (and other riveting subjects) from a Chicago lawyer

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Location: Chicago, Illinois, United States

Saturday, February 10, 2007

If you're a lawyer who works in the family law field this is nothing new to you. If you're someone who pays child support through the IL Dept. of Healthcare and Family Services...LOOK OUT!

This just happened to our client:

We represented a gentleman in some matters related to modifying child support. Judge enters an order that says client must pay X in current support and Y towards an arrearage. It's right there in a court order. Now, some 2 months later, client's employer gets a Notice of Withholding from IDHFS that is inconsistent with the court order...OF COURSE IT'S HIGHER. If I did this as a lawyer, I think I could lose my law license. But since it's this big state bureaucracy, they're almost bullet-proof. This case is in court later this month and I'm going to ask either that this client's child support cannot be paid through a Notice of Withholding OR that there's specific language in the order that says something like any Notice of Withholding must be consistent with this court order or it's not enforceable.

I'm hearing rumblings about a class action suit against IDHFS...tell me your stories and maybe we can do something about this.

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