Illinois Order / Notice to Withhold Income for Child Support is a legal document issued by the Illinois Department of Healthcare and Family Services (HFS) requiring an employer to withhold a specified amount of income from the wages of an employee or other mayor for the purpose of providing child support payments. The order is issued following the establishment of a court-ordered child support obligation or an administrative support obligation. The order applies to income such as wages, salary, commissions, bonuses, and other forms of compensation, including unemployment and workers' compensation benefits. The employer must comply with the order and withhold the specified income from the employee or other mayor, and remit the withheld funds to the HFS in accordance with the order. Types of Illinois Order / Notice to Withhold Income for Child Support include: 1. Income Withholding for Support — Issued when a court has established a child support obligation or an administrative support obligation. 2. Income Withholding for Support and Medical Support — Issued when a court has established both a child support obligation and a medical support obligation. 3. Income Withholding for Support and Other Allowed Deductions — Issued when a court has established a child support obligation and there are other deductions authorized by the court such as a health insurance premium payment. 4. Income Withholding for Support and Spousal Maintenance — Issued when a court has established both a child support obligation and a spousal maintenance obligation. 5. Income Withholding for Support and Spousal Maintenance and Other Allowed Deductions — Issued when a court has established both a child support obligation and a spousal maintenance obligation and there are other deductions authorized by the court such as a health insurance premium payment.
Illinois Order / Notice to Withold Income for Child Support
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FAQ
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.
A circuit court may invoke the law any time a judge rules that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support.
Notice of Termination or Modification of Earnings Withholding Order (WG-012) Tells an employer to stop or change an earning withholding order. This form is completed by the sheriff, marshal, or constable acting as the levying officer.
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.
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.
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.
The state has legal authority to request that child support payments be withheld from independent contractor income, although the withholding rate is different than the 50-65% rate used for employees.