Schultz v. Performance Lighting, Inc.

Schultz sought to recover a $100 per day statutory penalty from Performance Lighting under the Income Withholding for Support Act, 750 ILCS 28/35, claiming failure to withhold sums for child support that allegedly should have been withheld from her ex-husband’s paychecks. A2009 dissolution ordered the ex-husband to pay $600 every two weeks; he worked for Performance until May, 2010. The trial court dismissed with prejudice, finding that the notice of withholding was not in strict compliance with the Act. The appellate court and Illinois Supreme Court affirmed. The notices provided to the employer did not provide the father’s social security number, as required by the Act and were, therefore, not “regular on their face.” The requirements of the statute are mandatory. Although there are recent legislative amendments, effective August, 2012, they have no impact here.View "Schultz v. Performance Lighting, Inc." on Justia Law