Ex-husband's lawyer-employer failed to withhold adequate child support, suit says

Kelly Holleran Oct. 6, 2011, 3:58am


A woman claims her ex-husband's lawyer and employer failed to withhold the adequate amount of child support money from his paychecks.

Christine Cannon now known as Christine Brennan filed a lawsuit Sept. 30 in Madison County Circuit Court against Terry Francis.

In her complaint, Brennan alleges her ex-husband, Wesley Cannon, was ordered in the couple's marital settlement agreement to pay $380 per month in child support. They entered into the agreement on Sept. 28, 2001.

On Oct. 20, Wesley Cannon began working for Francis and received paychecks every Friday, according to the complaint.

Soon after Wesley Cannon began his work for Francis, Francis received a notice, notifying him of his responsibility to deduct $87.69 every week from Wesley Cannon's paycheck, the suit states.

On June 2, Francis received an amended notice, requiring him to begin deducting $105.23 from Wesley Cannon's paycheck, the complaint says.

However, following the amended notice, Francis failed to withhold the correct amount of money from Wesley Cannon's paycheck.

"Francis is well aware how to comply with the Act," Brennan wrote in her complaint. "He is a licensed Illinois attorney, practices domestic law, is counsel for Wesley, and generally complied with the notice between October 2010 and May 2011."

In July and August, Wesley Cannon spoke with Francis about his failure to remit payment, but still Francis refused to do so, according to the complaint.

In her suit, Brennan alleges Francis violated the Income Withholding for Support Act.

Brennan asks the court to order Francis to pay her $100 per day for each violation of the Act, plus pre-judgment interest, costs, attorney's fees and other relief the court deems just.

John L. Bitzer of Bitzer Law Firm in Collinsville will be representing her.

Madison County Circuit Court case number: 11-L-987.

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