The Illinois Non-Withholding Wage Deduction Order is a legal document issued by the state of Illinois that orders employers to deduct a percentage of an employee’s wages for the payment of a debt or other obligation. This type of wage deduction is used when an employee has unpaid taxes, court-ordered child support payments, or other debts and obligations. The order requires employers to comply with the withholding of the specified wage deduction and to remit the deductions to the appropriate state agency or court. There are three types of Illinois Non-Withholding Wage Deduction Orders: Tax Levy, Child Support Wage Deduction Order, and Garnishment. The Tax Levy is used for the collection of unpaid taxes, the Child Support Wage Deduction Order is used for the collection of court-ordered payments for child support, and the Garnishment is used for the collection of other debts and obligations.
Illinois Non-Withholding Wage Deduction Order
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FAQ
Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff or Plaintiff's attorney on a monthly basis.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.
How much can an employer deduct? 15% of your gross wages; or. The amount of disposable income (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45. In other words, the state cannot leave the employee with less than 45 times the state minimum wage as weekly take-home pay.
The document is called a Wage Deduction Affidavit. The creditor states their belief that the debtor's employer owes the creditor wages. In that affidavit, the creditor must certify that, before filing the affidavit, he mailed a wage deduction notice, explained below, to the debtor at the debtor's last known address.
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.