Your Employer’s Responsibility for Withholding Child Support Payments

 Posted on May 02, 2016 in Child Custody and Support

When you have been ordered by the court to pay child support, your obligation is seen as more than just another bill. The law in Illinois makes child support an extremely high priority, not only for the paying parent but for his or her employer as well. The Income Withholding for Support Act provides that, unless other arrangements are expressly made, all orders for child support must include provisions for serving any employer of the supporting parent with a properly prepared income withholding notice to facilitate the payment of child support obligations.

Benefits of Withholding

For many years, a supporting parent’s only option for making child support payments, other than income withholding, was by writing a check every month and sending it to the State Disbursement Unit. Today, online payments are available, but still require the supporting parent to take action to make his or her payments. Income withholding, on the other hand, requires no additional effort by the supporting parent and secures the payment before other obligations can prevent the parent from paying. Thus, the two-fold benefits—convenience and security—are what make income withholding the most common method of paying child support in Illinois and around the country.  

Income Withholding Notice

In order for your employer to begin withholding child support payments, your company must be served with an income withholding notice by you or by the state. The notice must include:

• Your name, address, case numbers, and Social Security number;
• Start date of the support order;
• Dollar amount to be withheld, including current amounts due and arrearages;
• Frequency options for remitting payment;
• Premium to be withheld (if ordered) for a child as a beneficiary of a health insurance plan; and
• Instructions on how to remit payments to the State Disbursement Unit.

Employers’ Duties

Upon receiving an income withholding notice, the employer is required record the date the documentation was received and verify that is authentic. The employer must also make a copy of the notice available to the employee. Then, the employer must begin complying with the terms of the order. Illinois law provides that an employer can withhold an additional fee of up to $5 per month for administrative costs. If the employer fails to withhold the amount specified in the notice or fails to remit payments as ordered, the employer may be fined $100 per day for each occurrence.

If you have been ordered to make child support payments and have questions about how the payments will be withheld from your paycheck, contact an experienced Geneva family law attorney. We will help you understand your obligations and those of your employer to ensure that you remain in full compliance with your support order. Call 630-232-9700 to schedule an appointment today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2093&ChapterID=59

http://www.illinois.gov/hfs/ChildSupport/Documents/IlEmployerHandbook.pdf