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Tags >> wage assignment

Income Deduction Orders for Child Support

Jan 20, 2011

By Andrea Johnson

Attorney, Cordell & Cordell

Many people are adamantly opposing to the idea of having their child support payments being deducted from their paychecks since the paying party often sees it as an invasion of privacy. 

I have had clients tell me that they will fight any order that requires their paychecks to withhold their child support because they simply do not want their employers to know their personal business. 

It is often the perception that a paying parent should not be subject to any wage garnishment so long as they are current on their support payment.

But that isn't always the case.


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Ask a Divorce Lawyer: Our decree calls for an issue of a wage assignment when my ex misses support payments so do I have to get a separate order?

Jan 22, 2010

Question: My husband just received custody of his 14-year-old son from a previous marriage. The court order was issued for custody, visitation and child support. 

In the order, it specifically states if his ex wife misses two child support payments then a wage assignment will be issued. Payments are currently being made through the child support registry. She has missed two payments now, and the child support registry says they need a court order to do a wage assignment but they refuse to follow the one we have. 

Do we really need to go back to court to get a new court order?

 


Posted by: mallen | Comment (0) |

Ask a Lawyer: Payroll Deduction is more than Court Order

Nov 29, 1999

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.

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