Illinois Wage Deduction Order

State:
Illinois
Control #:
IL-SKU-0071
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PDF
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Description

Wage Deduction Order

An Illinois Wage Deduction Order is a legal document issued by a court that requires an employer to withhold a certain amount of money from an employee’s wages in order to satisfy a debt owed to a creditor. This order can be issued for child support, alimony, court fines, judgments, or other debts. There are two types of Illinois Wage Deduction Orders: the Income Withholding for Support (TWO) and the Income Deduction Order (DO). The TWO is used for child support payments, while the DO is used for other types of debts. Both orders require employers to deduct a set amount from each paycheck and pay it to the creditor. The employer must also provide a copy of the order to the employee and the creditor.

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FAQ

A wage deduction summons in Illinois is a legal document that informs an employer of a court order to garnish an employee's wages. This document outlines the amount to be withheld and the terms set by the court. If you receive a summons, it’s vital to respond properly, and uslegalforms can guide you in preparing the necessary documents to address it effectively.

If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.

WAGE DEDUCTION NOTICE (1) Under Illinois law, the amount of wages that may be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage.

No. Any deductions other than income taxes and court-ordered payments require your written authorization. If you agreed in writing about the payment amount, that agreement is binding on both you and your employer, ing to the state laws which govern written contracts.

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.

For example, Illinois, which you have selected as the applicable state for this inquiry, requires payment within 13 days after the close of each pay period. So if you failed to pay an employee actual wages due (as opposed to vacation time), you would want to correct the problem within 13 days of wage payment.

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.

In Illinois, for example, an employer can only deduct from an employee's paycheck if the deduction is: To the benefit of, and approved by, the employee (group insurance premiums, credit union transactions, union dues, etc.); Required by law (federal and state taxes, social security, etc.);

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Illinois Wage Deduction Order