Family Law Attorneys Committed to Serving Schaumburg, Palatine, and Barrington
Committed to Assisting Clients with Post Divorce Enforcements
When your partner has failed to provide court-ordered child support or maintenance, the law in Illinois allows for payments to be deducted from their wages via court order, which then requires their employer to withhold money from their paychecks. However, in order to do so, you must first file for an order with the assistance of an experienced family law attorney.
At Glasgow & Olsson, we have been assisting parents with obtaining judgments for unpaid child support for decades, serving our Illinois communities in obtaining justice in family law issues with professionalism and excellence. If you are seeking assistance with wage garnishment, seizing personal property or other legal issues related to withholding and arrearages, Contact us today.
The Law in Illinois
In Illinois, the Non-Support Punishment Act dictates that someone officially commits the offense of failure to support when they willfully:
- Refuse to provide for the support or maintenance of his or her spouse with the knowledge that the spouse is in need of such support or maintenance;
- Desert or willfully refuse to provide for the support or maintenance of their child in need of support or maintenance (when the individual has the ability to provide the support);
- Fail to pay a support obligation required under a court or administrative order for support, where the obligation has remained unpaid for more than six months, or is in arrears in an amount greater than $5,000, and the person can provide the support;
- Leave the State with the intent to evade a support obligation required under court or administrative order for support, where the obligation has remained unpaid for longer than six months or is in arrears for more than $10,000; or
- Fail to pay a support obligation required under a court or administrative order for support, where the obligation has remained unpaid for more than one year, or is in arrears in an amount greater than $20,000, and the person can provide the support.
Under the Income Withholding for Support Act, an income withholding notice may be prepared and served immediately upon any payer of the obligor by the obligee, unless a written agreement is reached between the parties. Wages can be garnished without a court judgment for court-ordered child support and child support arrears. This is because the original court order for child support automatically included an income withholding order.
In addition, a separate wage garnishment order is also an option if child support payments are not made pursuant to the original court agreement, and courts have the ability to deduct child support from, for example, unemployment and related benefits.
Under the Consumer Credit Protection Act, up to 50-65% of what is considered your “disposable income” can be garnished and put towards child support, with the option of additional penalties being tacked on, depending upon how long payments have been in arrears. In addition, if wage garnishment does not cover what is owed, and there is no other income to cover it, it is also possible to seize property in order to satisfy the payments, including cars, homes, stock, etc.
Post Divorce Attorneys Here to Help
At Glasgow & Olsson, we are committed to helping families ensure that their needs are met. Divorce should not serve as an undue hardship on anyone, especially when it comes to children. We make it a priority to see that the court sets a fair child support amount, and if modifications or enforcements are necessary, we assist families with orders for withholding, garnishments and arrearages. We work diligently to reach the best possible solution for you and your family. Contact us today and find out how we can help.