The Law Offices of Van A. Schwab
Skokie and Libertyville

Woman sues Blue Cross for child support

Parents in Illinois who are struggling to get their exes to pay child support might be interested to hear about the case of a woman who is suing Blue Cross for child support payments. The woman's ex-husband is a self-employed chiropractor, but Blue Cross reportedly provides his primary source of income.

Blue Cross reimburses the woman's ex-husband for the care that he provides his patients. He was ordered to pay his ex-wife approximately $930 per week in child support, alimony and medical insurance premiums. However, she claims that she didn't receive payments from him on time or for the right amount. Therefore, she sent Blue Cross an income withholding notice, but the company refused to garnish the man's wages, stating that they don't get involved in personal affairs in such a manner.

Therefore, she sent them another notice along with a copy of the state law, but Blue Cross refused to carry out her request again, so she filed a legal complaint against the company. According to the most recent ruling by an appellate court, Blue Cross should have honored the woman's request since it is considered a "payor" under the state's withholding law. According to the appellate court, it does not matter that the woman's ex-husband is not an employee of the law but that Blue Cross is defined as a payor in the matter. Additionally, each week that Blue Cross refused to withhold the man's income incurred them a new violation, so they could be subject to paying a lot of money in penalties.

A divorce attorney might be able to help people who are having trouble getting their exes to pay child support file the appropriate motions for court intervention. If people refuse to pay their child support on time or at all, then one might be able to get their exes wages garnished so that they may receive the support they need for their children.

Source: Chicago Tribune, "Woman battling Blue Cross over child support", Lisa Black, September 01, 2013

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