Kane County, Illinois Divorce Attorneys
Assistance with Orders for Withholding, Wage Garnishments, and Arrearages
For many people, child support payments and alimony payments are essential to managing their finances, family, and lifestyle. When those payments are not received, it can result in serious hardship. Support payments are dictated by court order, and failing to pay is a violation of that court order which could result in serious consequences up to and including jail time.
At Shaw Family Law, P.C., our attorneys are experienced in helping clients obtain their court-ordered support. We use all possible means to ensure you receive the payments to which you are entitled, and we strive to resolve these matters as efficiently as possible.
Withholding and Garnishing Income in Illinois
It is not uncommon for support payments to go unpaid. In many cases, those who rely on support payments feel helpless to compel their former spouse or co-parent to pay up. If you are in this situation, you have recourse. We can assist you in petitioning to have your former spouse's wages garnished.
If your petition is successful, the payor's employer is ordered by the court to withhold a certain amount of the payor's salary to pay towards support. The employer must comply with this court order, and the funds will be transferred to a neutral third party (the State Disbursement Unit) or directly to the receiving if both parties agree.
The court will examine the payor's financial circumstances to determine how much of the payor's salary will be garnished. Often it will include the past unpaid balance (arrearages) in addition to current payments. In most cases of wage garnishment, the amount is limited to 15% of the payor's gross income. Child support garnishments are the only exception to that rule, as the payor would have been paying a minimum of 20% of their income for one child, according to the statutory formula used to determine child support obligations.
Contact Our Aggressive St. Charles, IL Divorce Lawyers
If you have not been receiving your court mandated support payments, contact Shaw Family Law, P.C. by calling 630-206-3300 to schedule a free consultation. Our attorneys understand how important it is for you to get paid in a timely fashion, and we will help you collect what you are due. We are also familiar with other strategies to compel payment including suspension of drivers license, professional license, and tax return as well as criminal charges for very egregious behavior. Located in St. Charles, Illinois, we work with clients throughout Northern Illinois including Kane, DuPage, DeKalb, and Kendall Counties.