Illinois Wage Deduction Order

State:
Illinois
Control #:
IL-SKU-3625
Format:
PDF
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Description

Wage Deduction Order

An Illinois Wage Deduction Order is a document issued by a court or administrative agency in Illinois that requires an employer to deduct a certain amount from an employee’s wages for payment of a debt, such as child support, alimony, taxes, or other debts. The amount deducted is specified on the order, and is usually taken out of each of the employee’s paychecks over a period of time. There are three types of Illinois Wage Deduction Orders: Direct Income Withholding Orders, wage assignments, and court-ordered wage garnishments. Direct Income Withholding Orders are issued by the Illinois Department of Healthcare and Family Services, and require the employer to immediately deduct the specified amount from the employee’s wages. Wage assignments are voluntary agreements between the employee and a creditor, and allow the creditor to seize a portion of the employee’s wages to pay off a debt. Lastly, court-ordered wage garnishments are issued by a court, and allow a creditor to seize a portion of the employee’s wages to pay off a debt.

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FAQ

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.

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.

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.);

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.

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

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.

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.

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Illinois Wage Deduction Order