Does Child Support Have to be Withheld from My Pay in Illinois?

 Posted on May 06, 2014 in Family Law

"Must child support be withheld from my pay by my employer in Illinois? Can I choose instead to make my child support payments directly to the mother?"

Under the Illinois Income Withholding for Support Act, you can make the direct payments but only if the you and the mother (or obligee who receives the payments) agree in writing to direct payment and both of you sign the agreement. 750 ILCS 28/20 (a)(1)

Even then, the order requiring you to pay child support must provide that an income withholding notice is to be prepared and served upon your employer if you become delinquent in paying the order for support.

(c) "Delinquency" means any payment, including a payment of interest, under an order for support which becomes due and remains unpaid after entry of the order for support. 750 ILCS 28/15(c)

In other words, if you make an agreement to pay directly in writing and both of you sign it, if you miss a payment or make a late payment, the written agreement is off and your employer will withhold child support from your pay for all future payments.

Withholding from your pay may be made for child support you are currently paying, any unpaid child support you owe and any interest on unpaid child support due. 750 ILCS 28/15(a)

If you are in need of divorce assistance, contact a knowledgeable Illinois child support attorney at Martoccio & Martoccio. We can also assist you with your custody, visitation, and modification needs. Call 630-920-8855 today.