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Wage Garnishment for Child Support

Posted on in Divorce

wage garnishment for child support, Crystal Lake Family Law AttorneysWhen a court orders a parent to pay child support, there is no guarantee that the child support will ever be paid. In some cases, this is because the parent who owes the child support cannot legitimately make payments due to his or here financial circumstances. However, in other cases it is because the parent chooses not to make payments. When child support is not paid, parents who are supposed to receive child support can try to seek the money through garnishment.

Illinois law allows a person's wages to be garnished to satisfy a child support order when the person falls behind in payments. Upon failure to make payments, the parent who is supposed to be receiving payments can send a Notice to Withhold Income for Support to the delinquent parent's employer asking the employer to withhold the amount owed directly from his or her paycheck.

Once the employer makes the necessary withholdings, the money is sent to the State Disbursement Unit and forwarded to the parent who is owed support. If the employer does not send the withheld funds to the disbursement unit in a timely manner, the employer may be subject to fines for each day's delay.

If the original child support order included provisions allowing garnishment, the parent seeking payments may not have to return to court in order to pursue garnishment. Notice to Withhold Income for Support forms from Illinois can be served upon an employer in any state and still be considered valid.

Parents should also keep in mind that money owed for back child support, that is, for missed child support payments, still has to be paid even after the child in question is no longer a minor. In addition, the money is still owed even if the parent owing the child support files for bankruptcy.

If a parent is not working or becomes unemployed after the child support is ordered, he or she may petition the court to reduce the amount owed in child support. A judge may grant such a request temporarily and ask the parent to show that he or she is actively looking for work. Conversely, if the parent receiving support learns that the supporting parent has an increase in income, the former can petition the court for an increase in the amount of child support.

Let Us Assist You

If a court ordered your former spouse to pay child support, but he or she has not been making the payments, or you would like to seek an adjustment based on your former spouse's increased income, you should consult a family law attorney for guidance on how to proceed. Contact the compassionate and experienced Crystal Lake family law attorneys at our law office for a consultation on your case.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2093&ChapterID=59

https://www.ilsdu.com/

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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