Child support has been a long time coming for Erica, Ashley and Samantha Abernathy as the issue of child support was reserved when their parents divorce was final in 1995 since their father Randell Abernathy had been sentenced in 1994 to 20 years for sexually assaulting both Erica and Ashley.
Despite the fact that he was released from prison in October it took over a year before he was brought to court for the issue of child support. However, the courts ordered both current and back child support for the children and an amended order was entered on April 15.
Then, after June 29, Mr. Abernathy decided to quit paying the $83 a week in court ordered child support. So after numerous phone calls by their mother Teri Colglazier; on September 30, the Illinois Department of Child Support Enforcement sent an Order/Notice to Withhold Income for Child Support directly to Mr. Abernathy's employer: Gary Gaehle; of Custom Imprint Designs, Inc.; 1904 #B West US Highway 50 in O'Fallon, Illinois for $100 per week to be withheld from his wages (due to arrearages and interest penalties).
That should be the end of the story as Illinois Statutes (750 ILCS 28/35) state that an employer will be fined $100 a day for failing to comply with an Order/Notice to Withhold Income for Child Support.
$200 was withheld from Mr. Abernathy's paycheck for pay period October 15 October 28.
$200 was withheld from Mr. Abernathy's paycheck for pay period October 31 November 11.
November 17 and still no child support had been received anywhere. Ms. Colglazier contacted the Illinois State Employer Non-Compliance Department to report that Custom Imprint Designs, Inc. Was not forwarding the child support and was told that Mr. Abernathy had already reported on November 15 and that the case was pending.
$200 was withheld from Mr. Abernathy's paycheck for pay period November 14 November 25.
On December 2, in an effort to verify the phone number of Custom Imprint Designs, Inc. Ms. Colglazier ended up calling the neighboring shop instead. They didn't have the phone number of Custom Imprint Design, Inc. But offered to go get someone who could help. The man who took the call identified himself as Dave and the owner of Custom Imprint Designs, Inc. However, when Ms. Colglazier identified herself he became hostile and stated that he had mailed the checks and had proof and that it was Ms. Colglazier's problem not his.
According to the Illinois State Employer Non-Compliance Department Mr. Gaehle contacted their office on December 2 and stated that he had sent the checks. Thus removing the case from the pending file.
$200 was withheld from Mr. Abernathy's paycheck for pay period November 28 December 9.
On December 12, the case was returned to pending in the Non-Compliance Department as no payments had been received.
It is unknown whether or not child support was withheld from Mr. Abernathy's check from December 12 December 23 as according to Mr. Abernathy; Mr. Gaehle has thus far refused to pay him as Mr. Abernathy quit effective December 23.
To date, none of the child support payments withheld from Mr. Abernathy's checks have been forwarded to the Child Support Disbursement Unit in Carol Stream Illinois or anywhere else.
When a representative of the Illinois Department of Child Support Non-Compliance Department contacted Mr. Gaehle on December 22 he told the representative that he sent the checks to the address he was given and hung up on her.
One missing check? Perhaps.
Two missing checks? Highly unlikely.
Every check missing? It is quite obvious that Mr. Gaehle of Custom Imprint Designs, Inc. Had himself a very Merry Christmas at the expense of three children in Central Illinois.
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