Attorneys

Illinois Labor and Employment FAQs

• Q: Does An Employer Have To Withhold At The Frequency On The Notice?
  A: Employers do not have to vary their pay cycles to comply with the ordered frequency. The notice provides the total to be withheld and the corresponding amounts for … More
• Q: How Does An Employer Know When To Stop Withholding?
  A: Employers stop withholding current support on the first pay date after the termination date that appears on the notice. Withholding of arrearage or delinquency must … More
• Q: Can An Employer Charge A Fee To Cover The Cost Of Issuing A Separate Check?
  A: A fee of up to $5.00 per month can be assessed for each withholding order. This fee is deducted from the employee`s remaining income, not the support payment.
• Q: What If The Employee Quits?
  A: If the employee ends employment, the withholding should continue through the last pay date. When the employee leaves, the employer should return the notice along with … More
• Q: If An Employee Has Other Wage Garnishments, Which Has Priority?
  A: Support payments take priority over all others. If your employee also has federal, state or local tax garnishments, you should seek confirmation of this withholding … More
• Q: How Does The Federal Consumer Credit Protection Act Affect Withholding?
  A: The Federal Consumer Credit Protection Act limits the available net income, as follows: 50% is available for support garnishments, if the employee has other … More
• Q: What If The Employee's Available Net Income Is Less Than The Amount To Be Withheld?
  A: Current support is withheld first, arrearage second and delinquency and other are last. If the employee has multiple notices, current for all cases is withheld first, … More
• Q: Can Pay Be Withheld From Bonuses, Profit Sharing, And Commissions?
  A: If the total monthly support payment cannot be met with the employee`s regular pay, bonuses, profit sharing and commissions are subject to withholding.
• Q: Can The Employer Send Withheld Income From Several Employees In One Check?
  A: Yes, an employer may combine withheld amounts for more than one employee in a single payment, but it must be accompanied by itemized remittance information.
• Q: Are Other Shortcuts Being Considered To Make It Easier For Employers To Comply?
  A: A single centralized address, to which income­withholding payments can be sent, in each state, is mandated for 1999. Development of electronic data transmission … More
• Q: Can An Employer Discipline, Discharge Or Refuse To Hire An Employee That Has A Withholding Order?
  A: No. If an employer discharges, disciplines, refuses to hire or otherwise penalizes an employee because of a support obligation, the employer can be ordered to employ, … More

Click here to view general Labor and Employment FAQs