Can a Person’s Wages Be Garnished For Failure to Pay Child Support or Spousal Support in Illinois?

 Posted on March 17, 2022 in Family Law

Divorced and unmarried individuals in Illinois are often subject to child support orders. When the court orders child support, it is not a suggestion. The paying spouse or “obligor” is required by law to pay the child support. Failure to pay the support in full can lead to significant consequences. Court orders for spousal support, also called spousal maintenance or alimony, are the same. If you are required to pay child support or spousal support and fail to make payments, your wages may be garnished.

Wage Garnishment for Unpaid Support in Illinois

The term “wage garnishment” refers to the act of taking a portion of someone’s paycheck to pay debt or financial obligations. Illinois law clearly states that wage garnishment may be necessary if someone refuses to pay his or her child support or spousal support obligation. A non-paying parent may also be subject to property liens, driver’s license suspension, interception of tax returns, and other consequences. In some cases, a parent who fails to fulfill his or her support obligation may even be held in contempt of court. The parent could be sentenced to up to six months in jail.

How Can I Enforce a Child Support or Spousal Support Order?

The Illinois Department of Health and Family Services Division of Child Support Services has the authority to enforce payment of child support through tax offsets, bank liens, and other means. A family law attorney can help you work with the DCSS to get the child support you need. Alternatively, you and your attorney can pursue payment through the court.

If you are not receiving spousal support in violation of a court order, you can file a contempt of court action against the non-paying spouse. The court has the authority to order the spouse’s employer to withhold income to pay spousal support. The non-paying spouse may also be subject to garnishment of bank accounts or tax returns. Spouses who fail to make payments for over a year or who owe more than $20,000 in past-due spousal support may face felony charges.

Contact a St. Charles Family Law Attorney

Nonpayment of child support or spousal support can lead to wage garnishment, asset seizure, and even jail time. The Kane County family lawyers at Goostree Law Group represent both payers and recipients of spousal support and child support. If you need to enforce a support order or modify your support obligation, call us for help. Call 630-584-4800 for a free consultation.

Source:

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