Orders of Withholding, Wage Garnishments, and Arrearages:
Maintenance (formerly known as alimony) and child support payments are essential to managing finances and lifestyle especially, during and following a divorce. If those payments are not received in a timely manner, it can create a serious financial hardship for the person who is expecting to receive the support payments. There are also negative consequences for the payor who fails to make timely Court ordered payments.
Once a Court Order is entered, support payments are dictated by that Court Order. Failing to pay support pursuant to that Order is a serious violation that could have serious consequences, including jail time and suspension of a driver’s license or professional license when the payor is more than 90 days past due on support.
Susan is experienced in assisting clients in obtaining their Court ordered support. Susan will use all possible and legal means to make sure that you receive the payments pursuant to the Court Order and the payments that you are entitled to receive. If your former spouse refuses to pay Court ordered support, you have recourse and Susan will assist you in petitioning the Court to have your former spouse’s wages garnished.
If your petition is successful, the Court will order the payor’s (former spouse’s) employer to withhold a certain amount of the payor’s salary to go toward support. The employer must comply with such a Court Order or suffer financial consequences. Once the wages are withheld, the employer must send them to the Illinois State Disbursement Unit (a neutral third party) or pay the withheld wages directly to the payee (this depends on the language of the Court Order).
Before the Court makes any decision regarding a wage garnishment for support and back support, the Court will examine the payor’s financial circumstances. Often, this review will include the unpaid balance due (known as a “support arrearage”) in addition to payments being made or to be made, the standard of living of the payor, and recent purchases by the payor.
If you are not receiving your Court ordered support payments, Susan will help to get paid in a timely fashion and help you collect past payments.
Federal law limits the amount creditors can garnish from a payor’s wages. These laws exist to help ensure that the payor has enough income left to pay his or her living expenses. Illinois law imposes even stricter limits. You can find the law on this subject at 735 Illinois Compiled Statutes 5.
For close to two decades, all Court Orders for child support include an automatic Income Withholding Order. The other parent can also get a wage garnishment order from the Court if the payor is behind in child support payments. Additionally, in Illinois one can deduct support from any form of periodic payments, including unemployment and workers’ compensation benefits.
If you have not been receiving your court mandated support payments, contact Susan to schedule a consultation. Susan understands how important it is for you to get paid in a timely fashion, and Susan will help you collect what you are due. Susan is also familiar with other strategies to compel support payments including suspension of a drivers license and a professional license, depending on the circumstances.