The Illinois Wage Deduction Summons is a legal document issued by the state of Illinois to an employer when an employee is behind on their child support payments. This document is used by the Department of Healthcare and Family Services to collect money from an employee’s wages to pay for past due child support payments. The document requires the employer to deduct money from the employee’s wages and send it directly to the Department of Healthcare and Family Services as payment for the child support debt. There are two types of Illinois Wage Deduction Summons: an Emergency Summons and a Regular Summons. An Emergency Summons requires the employer to begin making deductions within 14 days of the date of the Summons. A Regular Summons requires deductions to begin within 30 days of the date of the Summons. Both types of summons require the employer to send the payments directly to the Department of Healthcare and Family Services.
Illinois Wage Deduction Summons
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FAQ
Payroll deductions are wages withheld from an employee's total earnings for the purpose of paying taxes, garnishments and benefits, like health insurance. These withholdings constitute the difference between gross pay and net pay and may include: Income tax.
Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.
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.
In Illinois, any creditor can usually garnish your wages if the creditor has a Wage Deduction Order against you. This includes the original creditor or any of that creditor's representatives, as well as debt collection agencies or debt buyers.
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.
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.
