Wage Garnishment for Child Support in Illinois

 Posted on April 01, 2017 in Divorce

Are you receiving the child support you are supposed to? Is your child’s other parent willfully not paying you? Whatever the reason for the delays, you have the right to take legal action in order to receive court-ordered child support in a timely manner and obtain whatever is in arrears. The most common way to seek late child support is through a wage garnishment. To learn more about how wage garnishment works, read on and then contact the experienced DuPage County child support lawyers of Fay, Farrow & Associates, P.C.

Illinois’ Income Withholding Support Act

Statute 750 ILCS 28/25, the Income Withholding for Support Act, enables recipient parents to use wage garnishment, also known as income withholding, to obtain child support. It also enables parents to use income withholding at all times, even when there have been no delinquency issues.

What is Wage Garnishment?

In general, wage garnishment is the process of a debt collector automatically deducting a portion of an individual’s wages to go toward paying a debt owed based on a court order. For a child support debt, the wages are taken by the state to go to the recipient parent through the State Disbursement Unit.

What Types of Income Can be Garnished?

Wage garnishment typically affects a person’s consistent income, such as their monthly or twice monthly paycheck from a full-time job. However, courts are not limited to garnishing a person’s steady paycheck. Wage garnishment can be used against any of the parent’s income including some workers’ compensation, disability, unemployment, and veteran’s benefits. However, government benefits such as Social Security or food stamps are not garnishable.

How is Wage Garnishment Put in Place?

The child support attorneys at Fay, Farrow & Associates, P.C. can assist you in obtaining a court-ordered wage garnishment.

What if the Parent Does Not Seem to Have an Income?

If the paying parent appears to be working for cash, hiding his or her income, or intentionally not working to avoid paying support, then a wage garnishment may not be effective. However, there are other means of obtaining support. The recipient parent can potentially place liens against the paying parent’s assets, such as his or her house of vehicle. The paying parent can have their driver’s license or professional license revoked when they are more than 90 days past due on support.

Contact a DuPage County Child Support Lawyer for Help

Any parent who is not receiving court-ordered child support should contact the experienced DuPage County child support lawyers of Fay, Farrow & Associates, P.C. at 630-961-0060 as soon as possible. There is no need to let the situation become dire and let the other parent get thousands of dollars behind. We can work on getting a wage garnishment in place as soon as possible.