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IN RE MARRIAGE OF MILLER

Nos. 104022, 104035.

879 N.E.2d 292 (2007)

227 Ill.2d 185

In re MARRIAGE of Lenora Ann MILLER, Appellant, and Harold E. Miller (H.E. Miller, Sr., Appellee; Lisa Madigan, Attorney General, Appellant).

Supreme Court of Illinois.

November 29, 2007.

Attorney(s) appearing for the Case

James R. Scheibel, Oak Lawn, for appellant.

William R. Dunn, Oak Lawn, for appellee.

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Michael A. Scodro, Solicitors General, Diane M. Potts, Assistant Attorney General, Chicago, of counsel), for intervenor appellant.

OPINION

Justice FITZGERALD delivered the judgment of the court, with 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...

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