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Ex-husband and company refusing to child support obligations

Child support agreements and orders in a divorce settlement are often contentious and challenging portions of the entire divorce process. In the ideal world, once an agreement is reached, it is followed through with both parties complying. Unfortunately that does not always happen and sometimes one spouse needs to seek assistance in obtaining the child support or other payments owed to them by the other spouse. Sometimes this even leads to wage garnishments or other actions involving an employer.

A recent news article details a situation in which a husband failed to pay the $930 per week amount to his former wife after their 2008 divorce. The amount was to pay for medical insurance premiums, alimony and child support. The couple had been married for 20 years and had three children together. When the husband did not pay, the wife sought the delinquent payments from Blue Cross Blue Shield of Illinois.

As a chiropractor, the husband’s primary payor is BCBS. Illinois laws indicate that a payor, not necessarily a direct employer, can garnish or withhold payment to an employee or payee in a child support enforcement situation. However, BCBS did not comply with the request. In 2010, a state appellate court ruled in favor of the wife but the battle continues and the amount of fines and penalties that Blue Cross Blue Shield could be facing is now millions of dollars.

Such challenges in obtaining due child support can extend several years and make it difficult for a custodial parent to pay for everyday expenses or the full cost of living for children. Obtaining legal help during such situations can be an important thing to do.

Source: Chicago Tribune, “Woman battling Blue Cross over child support,” Lisa Black, September 1, 2013

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Johnson, Johnson, & NolanAttorneys At Law

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