Income Withholding in Child Support Matters

 Posted on July 09, 2014 in Child Support

For many, it may be hard to believe that any parent would not do all they can for the well-being of their child. However, the fact remains that in many child support cases, particularly contentious matters that involved a bitter divorce or a relationship gone sour, a parent who owes child support may pull whatever strings possible to get out of the obligation.

This may be because of the payor parent’s feelings of ill will toward the custodial parent, but no matter the reason, the one who is hurt most in cases like this is the child or children involved. Luckily, with the help of an experienced attorney in child support matters, these situations can be avoided when possible and addressed when they occur.

Income Withholding

Often in child support proceedings, a judge may issue a formal child support order and also include an income withholding order, which orders the paying parent to turn over a portion of their income in order to meet their child support obligations. A parent may also submit an income withholding for support form through the Office of Child Support Enforcement. Usually, the paying parent is also the non-custodial parent. This order acts to notify the paying parent’s employer to deduct the amount of the child support payment from their income each pay period and to forward the payment to the appropriate state agency, who will then transfer the funds to the custodial parent to use for the child.

It is important to note that the term "income" includes a very broad definition when used in the context of child support payments. Not only does income include regular monthly wages, but also other sources such as bonuses, commission, disability payments, retirement or pension accounts, in addition to other types of payments.

Income Withholding Violations

Income withholding orders are enforceable by law as they are directives from the court. Violation of such an order has potentially serious consequences. A paying parent who does not abide by the terms of an income withholding order as part of a child support order may face contempt of court charges, which could involve jail time, fines, and other court costs.

Employers are also under important obligations when served with such an order. They may not violate the order and are prohibited from garnishing an amount higher than what is specified by the income withholding order. Employees should not have to experience any negative treatment from their employer as a result of the existence of an income withholding order.

Child Support Attorney

Any legal matter that involves the well being of children is often a difficult one to face emotionally. This is why having an attorney on your side who is experienced in child support matters is beneficial. The lawyers at Davi Law Group, LLC have years of successful experience representing clients in child support cases in Will County and the surrounding area. Contact our Chicago family lawyers today to schedule a consultation to discuss your matter. We have offices are located in Chicago, Wheaton, and Warrenville, Illinois.