Understanding Wage Garnishment for Unpaid Support Orders in Illinois

 Posted on April 23, 2021 in Child Support

When you are subject to an order from the court, you are legally required to abide by the rules of that order. If you do not abide by those rules, you could be considered to be in contempt of court. According to Illinois law, contempt of court comes in two forms -- civil contempt and criminal contempt. Both are very similar and could arise from a divorce or child support case in some situations. Both child support and spousal maintenance exist for a reason -- to help pay for each one’s living expenses. It can be frustrating when a spouse does not pay their court-ordered support, especially when you depend on that income to live. If your ex-spouse does not pay their court-ordered child or spousal support, they could be held in criminal contempt and subject to various penalties, the most common of which is wage garnishment.

How Does Wage Garnishment Work?

If your ex-spouse is not complying with the terms of your child support or spousal support order and is behind on payments, you have the right to petition the court to garnish their wages for the unpaid amount. If the court agrees to do this, you must then notify your ex’s employer of the garnishment order, how much should be withheld from each paycheck for current support and past support, the total amount that must be withheld, and any other pertinent information, such as payment requirements for healthcare enrollment. Up to 50 percent of your ex’s net wages can be garnished to satisfy support orders, but in some cases, that amount could be up to 60 percent.

What Happens if the Support Still Remains Unpaid?

There are various situations in which the support might still remain unpaid, even if you try to garnish your ex’s wages. For example, your ex may not have enough disposable income for their employer to garnish from. Or in some cases, the employer may simply choose not to hand over the garnishment. Whatever the reason, the employer would be held responsible for the amount not paid and could potentially face fines.

Our Aurora, IL Child and Spousal Support Attorney Can Help

When your spouse is subject to a child support order, they are required to pay child support until your child is 18 years old or until they graduate from high school, whichever comes later. If you have an active spousal support order, they are required to pay support until the date specified in the order. Failure to do either of those gives you the right to file a petition to garnish their wages for the unpaid support. Attorney Matthew M. Williams of the Law Office of Matthew M. Williams, P.C., has helped many families get the financial support they deserve by filing petitions for wage garnishments or through other various methods. To discuss your case and determine the best way to get the support you need, call our office today at 630-409-8184 to schedule a consultation with our Kane County support lawyer.

Sources:

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

https://newhire.hfs.illinois.gov/NewHireWeb/IncomeWithholding.jsp