An Illinois Wage Deduction Order is a legal document issued by a court or administrative agency in the state of Illinois that requires an employer to withhold wages from an employee's paycheck and remit them to the issuing agency for the payment of a debt or other obligation. There are two types of Illinois Wage Deduction Orders; the first is a Child Support Wage Deduction Order and the second is a Wage Deduction Order to Satisfy Judgment. A Child Support Wage Deduction Order requires employers to withhold a certain percentage of an employee's earnings from each paycheck and send them to the issuing agency for the payment of child support. A Wage Deduction Order to Satisfy Judgment requires employers to withhold a certain amount of an employee's earnings from each paycheck and send them to the issuing agency for the payment of a debt or other obligation.
Illinois Wage Deduction Order
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FAQ
Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.
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.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.
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.
In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.
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.