Illinois Income Withholding for Support and Requirements

State:
Illinois
Control #:
IL-SKU-2091
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PDF
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Description

Income Withholding for Support and Requirements

Illinois Income Withholding for Support and Requirements is the process by which a court can order a noncustodial parent to have earnings from their employment withheld in order to pay child support. The court order requires the employer to withhold the specified amount from the noncustodial parent’s wages and pay it directly to the custodial parent or to the Illinois State Disbursement Unit (SDU). There are two types of income withholding for support and requirements: Immediate Income Withholding and Income Withholding for Non-Compliant Mayors. Immediate Income Withholding is used when a court order is issued for child support and includes a requirement that the noncustodial parent’s employer withhold the specified amount from their wages. Income Withholding for Non-Compliant Mayors is used when a noncustodial parent becomes delinquent on their child support payments, and the employer is required to withhold the delinquent amount from their wages.

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FAQ

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.

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.

Illinois Statutory Guidelines (750 ILCS 5/505 Sec. 505) 1 child: 20% of supporting party's net income. 2 children: 28% of supporting party's net income. 3 children: 32% of supporting party's net income. 4 children: 40% of supporting party's net income. 5 children: 45% of supporting party's net income.

Do You Have to Pay Child Support if You Have Joint Custody in Illinois? Even when parents have 50/50 parenting time, the court can order either party to pay child support. Child support depends on how much each party makes and the amount of time each party has with the child.

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.

Under the new Illinois child support law, both parents' incomes are considered when calculating support. Thus, child support is calculated based on the combined net incomes of both parents. The old method of using flat percentages based on the number of children is no longer being used.

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.

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.

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Illinois Income Withholding for Support and Requirements