Income Withholding for Support Act

 Posted on July 13, 2015 in Child Support

If your former spouse is not paying his or her child support ordered by the court, the law provides several options for restitution. One of these options comes from the Income Withholding Support Act, which allows for an employer to withhold some of a parent’s paycheck and allocate it towards child support. This act is used primarily in situations where a parent is in arrears and not as an original source of payment for child support.

Illinois Income Withholding Law

The Illinois Income Withholding Support Act is found in 750 ILCS 28/ and was originally written to consolidate many provisions of child support law found throughout the Illinois state code. This act defines the policies and procedures of income withholding in Illinois for child support and insurance purposes.

For income withholding, the law explains the procedure that the receiving parent must go through in order to withhold income from the other parent. An Income Withholding Order must be filled out and signed off by a judge before being sent to the employer of the parent. The order must contain all pertinent information regarding the amount of delinquency, the amount of payment to be withheld, and information regarding how to dispute the claims.

For the purposes of enforcing insurance coverage, the Income Withholding Support Act allows for the use of a National Medical Support Notice. This notice requires that the employer withhold premiums, enroll the child, and provide coverage information within a prescribed time period. 

Duties of the Employer 

Under the law, any employer that has been served with a notice to withhold income from their employee has a duty to deduct and pay over the income to the receiving spouse. The income withholding must start no later than the next payment period or within 14 days following when the notice was received.

Payments must be made within seven days of when the paying spouse should have sent child support payments to the receiving spouse. If an employer knowingly fails to send the withheld income within the seven-day period, the penalty is $100 per day up to $10,000. If a failure of payment occurs more than once, a civil lawsuit can be filed against the employer for a failure to act, within a one-year statute of limitations period. 

In addition, if the income withholding order also orders a minor to be added to the employee’s health plan, the employer has a duty to do so immediately. The employer is required to withhold any required premiums and pay over any amounts withheld. Within 15 days of enrollment, the employer must send the receiving spouse information regarding the child’s insurance. 

Contact Our Office Today

If you or someone that you know is in need of legal assistance regarding an income withholding order in Chicago or the western suburbs, our experienced DuPage County family law attorneys are here to help. Call the office or contact us today at the Davi Law Group, LLC for a free and confidential consultation of your claims.