What parents should know about wage garnishment and child support

On behalf of Stange Law Firm, PC posted in Child Support on Wednesday, January 8, 2020.

Parents who have gone through a divorce in Illinois may wonder how wage garnishment and child support work. A state child support agency and local courts usually initiate and coordinate with the employer of a parent who owes child support.

The law allows up to 50% of a parent’s check to be garnished by employers in order to cover child support that is past due. In a case where a parent is not supporting other children or a spouse, up to 60% of their check could be garnished by their employer. If a parent has not paid for more than 12 weeks, the garnishment could be increased up to 65%.

Child support will take priority over other garnishments except IRS tax levies. Even in a situation where a person is dealing with an IRS tax levy, the child support garnishment will be the priority if it was ordered first.

The process of garnishing a person’s wages in order to pay past-due child support starts when the state contacts the person’s employer. They will receive a letter that includes a court order establishing payments for child support. Next, the employer has the responsibility of notifying the employee that wage garnishment will begin with the next paycheck. It is possible to contest a wage garnishment when changes are experienced with employment or income. This will need to be done through the courts.

Some individuals have questions about how they can stop a wage garnishment. They will need to gather proof that they have made child support payments, and then they will need to request an order to stop the garnishment. An individual may want to speak with a family law attorney before taking these steps. The attorney may answer questions regarding child support modification, delinquent payments, extracurricular expenses and other matters that relate to taking care of children after a divorce.

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