Southern California Family Law Attorney Blog

In California, as well as in other states across the U.S., when a court orders a parent to make child support payments, it is expected that they comply. For any number of reasons, however, a parent may fall behind on their monthly payments. When this happens, the parent who is owed the payments may take legal action in order to get the back pay.

A woman in Illinois reportedly filed a lawsuit against Blue Cross Blue Shield of Illinois when they declined her wage garnishment request. According to reports, the woman, claimed her ex-husband was routinely late with his child support payments, as well as often paying the wrong amount so she sent a request to Blue Cross Blue Shield. While in most cases, this type of request would go to a person’s employer, as a self-employed chiropractor, BCBS was her husband’s largest source of income. Blue Cross, however, reportedly did not feel they were subject to the Illinois state withholding law, which requires payers to withhold earnings when requested.

While a judge initially ruled against the woman, she appealed the decision and the appellate court recently ruled in her favor. In addition to ordering that Blue Cross Blue Shield garnish wages, as was requested and is required by state law, the insurance carrier may also be required to pay penalties. In total, the woman could be paid as much as $5 million.

If you are having problems making your court ordered payments, or are owed delinquent payments, it may be of benefit to speak with an attorney to discuss your options. A lawyer will be able to offer advice based on your specific situation, as well as answer any questions that you may have.

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