Illinois Income Withholding for Support

State:
Illinois
Control #:
IL-SKU-1846
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PDF
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Description

Income Withholding for Support

Illinois Income Withholding for Support is a process in which an employer withholds income from an employee's paycheck for the purpose of making payments to the employee's court-ordered child support or spousal maintenance (alimony) obligations. It is a legal requirement in Illinois for employers to withhold the appropriate amount of income from income tax for this purpose. There are two types of Illinois Income Withholding for Support: Non-IV-D Withholding and IV-D Withholding. Non-IV-D Withholding is used when the employee is making payments to a part-time custodial parent or to a private mayor, and the employee is not part of the Illinois Department of Healthcare and Family Services (HFS) Child Support Services Program (IV-D). IV-D Withholding is used when the employee is part of the HFS Child Support Services Program, and the employee is making payments to the HFS or to a full-time custodial parent.

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FAQ

Illinois child support law has traditionally been calculated by taking the obligor's net income (gross income, minus taxes and other deductions), and applying a certain percentage based on the number of minor children, for example.

For the parents with primary custody or who receive child support, child support does not affect your tax return at all. All forms of child support are non-taxable.

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.

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.

Illinois puts one child's basic child support level at $1,215 per month; however, this number is a starting point on which additional factors are added or subtracted. Relevant factors must be considered and calculated to understand better what a person may pay in child support in Illinois.

The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case.

Illinois child support law has traditionally been calculated by taking the obligor's net income (gross income, minus taxes and other deductions), and applying a certain percentage based on the number of minor children, for example.

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.

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Illinois Income Withholding for Support