Illinois Record Child Support Ruling Settled

 Posted on September 23, 2016 in Child Support

A child support case where a Cook County judge ruled that a woman was due $2.3 million from her ex-husband and his employer was recently settled out of court with a settlement listed to be $299,000. This case centers around Scott Bos, the father of the children, and his employer at Country Chevrolet where he was a finance manager. Bos was supposed to pay child support to his ex-wife Lisa Watson and Country Chevrolet was supposed to withhold those payments from his paycheck as per a court order that was entered. However, Country Chevrolet refused to withhold the payments from Bos’ checks and argued that he was an independent contractor instead of an employee and therefore they could not withhold the money. The judge disagreed and sided with Watson finding that Country Chevrolet had a duty to withhold the money from Bos’ check.

How Did the Amount Get So High?

It is important to note that the main defendant was Country Chevrolet and they were responsible for the vast majority of the money awarded to Watson. In 2002 Watson and Bos

divorced and he was ordered to pay her $230 a week in child support. The judge also ordered that Bos’ employer withhold the money from his paycheck to pay the support. In 2009 Bos worked for almost a year at Country Chevrolet as their finance manager. During this time Country Chevrolet was supposed to withhold the money from his child support payments. However, in defiance of the court order, Country Chevrolet did not withhold the money. They argued that Bos was an independent contractor and also that they did not withhold the money because of a clerical error. The judge, in this case, did not agree with Country Chevrolet’s argument and thought that the lack of withholding was not a “simple clerical error or mistake.”

The main reason that the penalty was so high is because the judge used a provision that allowed a penalty of $100 a day for not complying with a court-ordered withholding notice. This fine also compounds over time, hence the high amount.

Do I Have to Worry About Child Support Rulings Like This One?

If anyone should be worried about this ruling it is the employers of people who have court orders that make them pay child support and also that the child support is withheld. The father in this case only would have owed the back child amount had there not been a settlement. It was the employer that was penalized because they did not comply with the court order.

DuPage County Child Support Attorneys

If you are owed child support, you owe child support, or you are an employer with a responsibility to withhold child support and you have questions about your responsibilities, you should talk to a knowledgeable child support attorney to make sure you are not unintentionally running afoul of the law. Our DuPage County child support attorneys at Davi Law Group, LLC can help you with any child support issues you may have.

Sources:
http://cookcountyrecord.com/stories/511002355-deal-slices-2-3-million-unpaid-child-support-judgment-vs-herscher-car-dealer-sanctions-still-pending
http://www.daily-journal.com/news/local/record-child-support-ruling-settled-out-of-court/article_74010a16-6fd5-5ddb-9113-954a13fcb580.html