The Illinois Order/Notice to Withhold Income for Child Support (TWO) is a form issued by the Illinois Department of Healthcare and Family Services (HFS) to employers, banks, and other income withholding sources. It is a legal document that instructs the withholding source to take a specified amount of money from the non-custodial parent’s income and send it to HFS to be used for child support payments. All Twos are issued in accordance with the Illinois Income Withholding for Support Act and the Uniform Interstate Family Support Act. There are two types of Twos: an original order and a modification order. An original order is issued when a new child support obligation is established or an existing obligation is modified. A modification order is issued when an existing TWO has been updated or amended. Both orders must be served on the employer or other withholding source within 14 days of the date of issuance. The employer is then required to begin withholding from the non-custodial parent’s income within 10 days of service of the order. The TWO is an important tool used by the HFS to ensure that child support payments are made on time and in full. It is important that employers, banks, and other income withholding sources comply with the TWO to ensure that the children receive the support they are entitled to.
Illinois Order/Notice to Withhold Income for Child Support
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The payor shall pay the amount withheld to the State Disbursement Unit within 7 business days after the date the amount would (but for the duty to withhold income) have been paid or credited to the obligor.
An employer will only be held accountable for the penalty fees if they purposely failed to withhold and deliver the child support per the notice. To enforce child support and request employer penalties, the employer must be included in your divorce/parentage court case.
The most the employer can hold out for you is 15% of the debtor's gross income before taxes or deductions. However, the withholding can't leave the debtor with less than 45 times the state minimum wage as weekly take-home pay.
Illinois Income Withholding For Support The HFS 3683 now instructs the employer, income withholder, or payor to withhold up to 50% of the obligor's disposable income, if the full amount of support ordered cannot be withheld.
If a non-custodial parent is more than 12 weeks behind on their child support payments, an additional five percent may be garnished from their wages. In cases of a wage garnishment, the employer of the non-custodial parent is responsible for subtracting a certain amount from that employee's disposable income.
The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case.
A circuit court may invoke the law any time a judge rules that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support.
If a non-custodial parent is more than 12 weeks behind on their child support payments, an additional five percent may be garnished from their wages. In cases of a wage garnishment, the employer of the non-custodial parent is responsible for subtracting a certain amount from that employee's disposable income.