An Illinois Order Notice To Withhold Income For Child Support is a legal document that requires an employer to deduct a certain amount of money from an employee’s wages and pay it directly to the Illinois Department of Healthcare and Family Services (HFS) for child support purposes. This order is typically issued when court-ordered payments have been established, but payments are not being made. There are two types of Illinois Order Notice To Withhold Income For Child Support: an Immediate Income Withholding Order and a Temporary Income Withholding Order. An Immediate Income Withholding Order requires that the employer begin withholding income immediately, while a Temporary Income Withholding Order requires the employer to withhold income until the order is rescinded or modified. Both types of orders must be followed by the employer and the withheld funds must be sent to HFS for child support purposes.
Illinois Order Notice To Withhold Income For Child Support
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How to fill out 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.
Failing to pay child support for six months or owing more than $5,000 can be charged as a Class A misdemeanor. If more than $20,000 in child support is past due, it can result in a Class 4 felony and incarceration for up to three years.
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.
What Does Being Held In Contempt Of Court Mean? Illinois courts hold that failure to make child support payments required by court orders is evidence of contempt of court. When contempt of court is filed against you, you must attend a hearing to show cause.
In extreme cases, the person not paying their child support can face more serious charges. They can receive a class four felony, serve jail time for up to six months, or receive fines of up to $25,000. This only happens when they do something like evading child support by leaving the state or owing more than $10,000.
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.
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.