Thomas v. Diener

Defendant, Danny Diener, owner of a business known as Chester-ville Elevator, appeals the trial court’s judgment ordering the business to pay $87,300 to plaintiff as a penalty for knowingly failing to pay, within seven business days, child support from its employee’s wages. He argues the trial court misinterpreted several provisions within the applicable statute (750 ILCS 28/35 (West 2000)). We reverse.

I. BACKGROUND

On September 3, 1999, an order to withhold income for child support was served upon Danny as the employer of Jerry Jean. Jean was obligated to pay $77 each week in child support to…