Question:
My city payroll department is deducting more (almost $300 more) than the court ordered support. Is there a way to correct this? I have sent copies of the Court Order and documents sent to me and the payroll department from the department of public aid to my payroll department without success. The payroll department indicated I need to go to court to modify. However, I have gone to court and am satisfied with the amount ordered by the court. Do I need to retain a lawyer to get my payroll department to comply with the court order?
Answer:
I cannot answer your question specifically to the laws of Illinois as I am not licensed in that State. I have never actually heard of a situation in which the payee's company overpays the child support and will not stop. Is there a discrepancy between the wage assignment and the amount of the court order? Is it possible that you are not calculating the support correctly on a bi-weekly vs semi-monthly pay schedule? Ask the payroll department how they are calculating the amount of money that is deducted from your check and have them explain how they arrived at the amount. If you disagree with their determination you may need to file a Motion to Quash the Wage Assignment. Inside that Motion ask the Court to provide the correct amount of support per your pay schedule (weekly, bi-weekly, semi-monthly) instead of a monthly amount.
