Illinois Order/Notice Income Withhold for Support

State:
Illinois
Control #:
IL-SKU-2314
Format:
PDF
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Description

Order/Notice Income Withhold for Support

Illinois Order/Notice Income Withhold for Support is an order issued by the court or an administrative agency that requires an employer to withhold a certain amount of an employee’s income for a specific purpose. This withholding is usually used to collect child or spousal support payments, but may also be used for other types of payments such as alimony, medical expenses, or college tuition. The order will specify the amount to be withheld, the frequency of the withholding, and the payee to whom the funds should be sent. There are two types of Illinois Order/Notice Income Withhold for Support: withholding from an employee’s wages and income withholding from a debtor’s bank account. Both types of withholding are legal and binding and must be enforced by employers and banks.

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FAQ

An employer will only be held accountable for the penalty fees if they purposely failed to withhold and deliver the child support per the notice. To enforce child support and request employer penalties, the employer must be included in your divorce/parentage court case.

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.

What Does Being Held In Contempt Of Court Mean? Illinois courts hold that failure to make child support payments required by court orders is evidence of contempt of court. When contempt of court is filed against you, you must attend a hearing to show cause.

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.

Failing to pay child support for six months or owing more than $5,000 can be charged as a Class A misdemeanor. If more than $20,000 in child support is past due, it can result in a Class 4 felony and incarceration for up to three years.

The payor shall pay the amount withheld to the State Disbursement Unit within 7 business days after the date the amount would (but for the duty to withhold income) have been paid or credited to the obligor.

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 Order/Notice Income Withhold for Support