The Illinois Non-Withholding Wage Deduction Order is a document issued by the Illinois Department of Revenue that directs employers to withhold wages from an employee’s paycheck to pay a debt or judgment owed to the state. There are two types of Illinois Non-Withholding Wage Deduction Orders: the Voluntary and Compulsory Non-Withholding Wage Deduction Orders. The Voluntary Non-Withholding Wage Deduction Order is issued when an employee voluntarily agrees to have wages withheld from their paycheck to satisfy a debt or judgment. The Compulsory Non-Withholding Wage Deduction Order is issued when an employee does not voluntarily agree to have wages withheld and the state requires that the employer withhold the wages. Both types of orders require employers to withhold a specified percentage of the employee’s gross wages each pay period until the debt or judgment is satisfied.
Illinois Non-Withholding Wage Deduction Order
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How to fill out Illinois Non-Withholding Wage Deduction Order?
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FAQ
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.
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.
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.
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.
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.