In Re Marriage of Miller
Illinois Supreme Court
1Opinion of the CourtJustice Fitzgerald
Chief Justice Thomas and Justices Freeman, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.
OPINION
At issue in this appeal is whether the penalty provision contained in section 35(a) of the Income Withholding for Support Act (Withholding Act) (750 ILCS 28/35 (West 2004)), as applied to an employer who knowingly failed to turn over child support payments withheld from his employee’s wages in a timely manner, violates the employer’s substantive due process rights. The circuit court of Cook County rejected the employer’s constitutional challenge and applied the…
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