An Illinois Wage Deduction Order: Non-Withholding is a legal document issued by a court or administrative agency in the state of Illinois that orders an employer to withhold a portion of an employee's wages for payment of a debt. The order applies to all wages earned by the employee, including salaries, bonuses, commissions, and other forms of compensation. There are two types of Illinois Wage Deduction Order: Non-Withholding: 1. Child Support: This order requires employers to withhold a portion of an employee’s wages to pay child support. 2. Non-Child Support: This order requires employers to withhold a portion of an employee’s wages for repayment of a debt such as an unpaid loan, unpaid taxes, or an unpaid court judgment.
Illinois Wage Deduction Order: Non-Withholding
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State:
Illinois
Control #:
IL-SKU-3844
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PDF
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Wage Deduction Order: Non-Withholding
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FAQ
A. Under California law, an employer may lawfully deduct the following from an employee's wages: Deductions that are required of the employer by federal or state law, such as income taxes or garnishments.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
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.);
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.
Employment income is usually not exempt under Illinois law, but other kinds of income are exempt from wage deductions. Some examples of exempt income include Social Security and other income from the federal government, workers' compensation benefits, unemployment benefits, and government assistance, to name a few.
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.
Illinois requires employers to pay a minimum of $13.00 per hour for workers 18 years of age and older; workers under 18 may be paid $. 50 per hour less than the adult minimum wage. Overtime must be paid after 40 hour of work per week at time and one-half the regular rate.