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Is Wage Garnishment an Option Toward Collecting Child Support from an Uncooperative Spouse?

 Posted on August 23, 2023 in Child Custody and Support

Untitled---2023-08-23T111801.235.jpgChild support is crucial for the well-being and proper upbringing of children. However, when a parent responsible for paying fails to fulfill their child support obligations, it can create serious financial challenges for the parent relying on the child support payments to support the child. In Illinois, wage garnishment can effectively collect unpaid child support from an uncooperative spouse. Today, we will explore the wage garnishment process for child support in Illinois and its potential benefits for the parent seeking child support assistance. 

Understanding Wage Garnishment in Illinois

Wage garnishment is a legal process that allows an individual or entity to collect unpaid debts directly from a person’s earnings. In the context of child support, a parent seeking support can pursue wage garnishment to enforce child support payment from an uncooperative spouse.

Wage Garnishment Process for Child Support in Illinois

  1. Create a child support order – The first step is to obtain a child support order through the court. This legally establishes the obligation of one parent to pay child support to the other parent. 
  2. Request wage garnishment – Once a child support order is in place, and payments are not being made, the requesting parent may request wage garnishment from the court. A Notice to Withhold Income for Support must be completed and submitted to the non-paying parent’s employer or the Illinois State Disbursement Unit (SDU). 
  3. Employer notification – Upon receiving the Notice to Withhold Income for Support form, the employer is legally obligated to begin wage garnishment. They will deduct the specified amount from the non-paying parents’ wages and remit it to Illinois SDU. 
  4. Income withholding order – The income withholding order directs the employer to the frequency and manner in which child support payments should be deducted from the uncooperative spouse’s income. The order may specify the amount deducted. 

Benefits of Wage Garnishment for Child Support 

Wage garnishment provides several advantages, including:

  1. Consistent payments – By deducting child support directly from the parent’s wages, wage garnishment ensures regular and timely payments. This provides stability for the parent receiving the support and the child’s well-being.
  2. Effective enforcement – Wage garnishment is a legally enforced collection method, ensuring a higher likelihood of child support payments being made. The employer is legally bound to comply with the income withholding order, facilitating regular payment.
  3. Minimal effort – Once a wage garnishment is in place, the custodial parent does not need to pursue and track payments actively. The process is simplified, with payments automatically deducted from the parent’s wages.

Contact a Kane County Child Support Attorney

For assistance in pursuing the child support owed to you and your child, contact the determined Geneva, IL child support lawyers with The Law Offices of Douglas B. Warlick & Associates. Call 630-232-9700 for a private consultation. 

Source - https://newhire.hfs.illinois.gov/NewHireWeb/IncomeWithholding.jsp#a21

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