If your ex-spouse fails to make court ordered child support or alimony (spousal maintenance) payments, the court may garnish their wages (750 ILCS 28/ Income Withholding for Support Act). If a court orders your ex’s wages to be garnished for unpaid child support or spousal maintenance, up to 50 percent of his or her net wages may be garnished, or up to 60 percent if they are not supporting other dependents.
Roughly 7 percent of the worker population has a garnishment in the U.S. with seventy-one percent of garnishment actions involving men and 92 percent of those involving child support. The typical garnished worker is male, between the ages of 35 to 54 who often works for smaller companies making less then $60K annually.
Their employers are required to withhold or remit wages as directed by a court order. Failure to do so, can result in the employer being found in contempt of court, fines, penalties and attorney’s fees and costs. In some jurisdictions, employers that do not garnish wages per a court order may even find themselves liable for the entire amount the employee owes.
Illinois Child Support and Alimony Enforcement
If your ex is not making required child support or spousal maintenance (alimony) payments, it is advisable to contact an experienced family law attorney to take steps to enforce the order. Of course, there are situations where the spouse ordered to pay support is unable to make the court ordered payments because of a change in financial circumstances. In those cases, a post decree modification must be approved by the court before your ex-spouse can legally reduce their court ordered obligation.
Contact an Experienced Lake County (IL) Family Law Attorney Help
Contact the Lake County (IL) Family Law office of Ronald L. Bell & Associates PC for help with the enforcement of child support and alimony or if you need assistance with the modification of child or spousal support order.