Free Illinois Family Law FAQs | Free Illinois Family Law Legal Documents

Are Other Shortcuts Being Considered To Make It Easier For Employers To Comply?

Thu, 27 Mar 2008 19:31:44 GMT

A single centralized address, to which incomewithholding payments can be sent, in each state, is mandated for 1999. Development of electronic data transmission (EDT and EDI) options are also mandated by recent federal legislation.

Can An Employer Charge A Fee To Cover The Cost Of Issuing A Separate Check?

Wed, 26 Mar 2008 19:47:59 GMT

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.

Can An Employer Discipline, Discharge Or Refuse To Hire An Employee That Has A Withholding Order?

Thu, 27 Mar 2008 19:37:23 GMT

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, reinstate and pay restitution to the employee. The employer may also be fined up to $200.

Can I Call The Sdu With Questions?

Fri, 28 Mar 2008 21:24:02 GMT

The SDU is a clearinghouse and cannot answer questions about orders or balances. For Information or questions about a court order for support or order/notice for withholding, please contact the Clerk of the Court of the county in which the order was filed. For information about an Illinois administrative order for support or order/notice for withholding, contact the IDPA, Division of Child Support Regional Office or contact the hotline at 8772257077.

Can I Call The Sdu With Questions?

Thu, 27 Mar 2008 21:44:45 GMT

The SDU is a clearinghouse for child support payments and cannot answer questions about orders or balances. For Information about a court order for support or order/notice for withholding, please contact the Clerk of the Court of the county in which the order was filed. For information about an Illinois administrative order for support or order/notice for withholding, contact the IDPA, Division of Child Support Regional Office or contact the child support hotline at (800)4474278.

Can My Employer Still Charge Me $5.00 Per Month Processing Fee?

Fri, 28 Mar 2008 21:06:31 GMT

Yes, your employer may charge up to $5.00 per month to process your withholding payments, however, there will be no additional charge assessed by the SDU.

Can Pay Be Withheld From Bonuses, Profit Sharing, And Commissions?

Thu, 27 Mar 2008 19:22:17 GMT

If the total monthly support payment cannot be met with the employee`s regular pay, bonuses, profit sharing and commissions are subject to withholding.

Can The Employer Send Withheld Income From Several Employees In One Check?

Thu, 27 Mar 2008 19:25:30 GMT

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.

Does An Employer Have To Withhold At The Frequency On The Notice?

Wed, 26 Mar 2008 19:42:47 GMT

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 weekly, biweekly, semimonthly and monthly pay cycles for the convenience of the employer.

Does The Employer Have To Tell The Employee That A Notice To Withhold Income For Child Support Has Been Received?

Thu, 27 Mar 2008 19:59:47 GMT

For an Illinois order, the employee will have received a NonCustodial Parent Notice, which explains the withholding process and the employee`s rights, along with a copy of the Notice to Withhold. If the Notice to Withhold was sent from another state, the employer must provide a copy to the employee.

Does The Notice To Withhold Always Come From The Illinois Department Of Public Aid?

Tue, 25 Mar 2008 21:15:35 GMT

No. The law allows every state to serve outside their state, and the notice may also come from a private attorney or a custodial parent.

General Information About Child Support Services

Tue, 29 May 2007 21:19:00 GMT

The department offers services to dependent children living in Illinois and out of state. To apply for child support services, a person does not have to apply for or receive welfare.

How Do I Apply At Regional Offices?

Tue, 25 Mar 2008 20:12:25 GMT

If you are interested in getting child support services and do not receive welfare, you can go to the Child Support regional office in your area.

How Does An Employer Know When And How Much To Withhold?

Tue, 25 Mar 2008 21:34:48 GMT

Withholding must begin no later than the first pay period occurring within 14 working days after the date the notice was mailed, faxed or personally served on the employer. The notice informs the employer of the amount to be withheld. The withheld pay must be sent in within 7 working days of the pay date of withholding. The address to which the withheld pay is to be sent is in the notice.

How Does An Employer Know When To Stop Withholding?

Wed, 26 Mar 2008 19:47:18 GMT

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 continue until paid in full or the employer is notified to cease withholding.

How Does The Federal Consumer Credit Protection Act Affect Withholding?

Wed, 26 Mar 2008 21:48:42 GMT

The Federal Consumer Credit Protection Act limits the available net income, as follows: 50% is available for support garnishments, if the employee has other dependants, as claimed on the W4; 55%, if the notice indicates the employee is delinquent 12 weeks or more. 60% is available for garnishments, if the employee has no other dependants; 65%, if the notice indicates the employee is delinquent 12 weeks or more.

I Am Not On Public Aid; Does My Money Have To Go Through The Sdu?

Thu, 27 Mar 2008 20:27:21 GMT

The SDU acts for both the State of Illinois for IVD cases and for Clerks of the Circuit Court for non IVD cases. The SDU is required to mail checks within two days of receipt; in many instances they will mail the check the day of receipt.

I Am Receiving Tanf, Will The Sdu Send Me A Check?

Fri, 28 Mar 2008 13:50:04 GMT

TANF recipients will continue to receive child support passthrough through the Illinois LINK card.

I Am Self Employed, Does My Money Have To Go Through The Sdu?

Tue, 29 May 2007 21:19:00 GMT

If it is being deducted through income withholding, then yes, your payments will go thru the SDU.

I Plan To Move, To Whom Do I Report A Change Of Address?

Fri, 28 Mar 2008 13:47:21 GMT

Report any change of mailing address immediately to the Clerk of the Circuit Court, of the county in which the court order was filed, or to IDPA if you have an administrative order.

If A Private Collection Agency Receives A Payment From A Noncustodial Parent, Will They Send It To Idpa Or To The Sdu?

Fri, 28 Mar 2008 21:33:58 GMT

Private collection agencies should instruct payors to send the money directly to the SDU. In the event that a private collection agency does receive a check, they will forward the payment to the SDU for processing.

If An Employee Has Other Wage Garnishments, Which Has Priority?

Wed, 26 Mar 2008 21:43:12 GMT

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 priority from the tax agency.

In Illinois, can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sat, 11 Jul 2009 19:03:12 GMT

Yes, Illinois law allows spouses to include modification or elimination of spousal support in their prenuptial agreement. However, if the couple decided to limit or eliminate alimony in their prenuptial agreement, a Court could override that agreement if, due to unforeseen circumstances, the lack of alimony creates undue hardship for one of the parties.

My Case Has Nothing To Do With Public Aid; Does My Money Have To Go Through The Sdu?

Fri, 28 Mar 2008 20:56:27 GMT

Yes, if you have Income withholding deducting your child support. The law requires that all income withholding orders must be sent to the SDU.

My Check Was Lost Or Stolen, What Should I Do?

Thu, 27 Mar 2008 21:37:34 GMT

Report your lost or stolen check to the agency that wrote the check. If the check was written by the SDU, phone 6306812488. If your check was written by the Comptroller of the State of Illinois, phone (800) 4474278. If the Circuit Clerk wrote your check, contact that office.

My Child Support Order Requires That The Income Withholding Payment Be Mailed Directly To Me, Will My Money Now Go Through The Sdu?

Fri, 28 Mar 2008 13:53:31 GMT

Yes, the law requires that all income withholding orders must be sent to the SDU.

Now Do I Report A Change Of Address Or A New Employer?

Fri, 28 Mar 2008 21:00:08 GMT

You are required to report any change of mailing address or employer immediately to the Clerk of the Circuit Court of the county in which the order was filed or to IDPA, DCSE if your order is administrative.

The Notice From Another State References That State's Laws, Instead Of Illinois Laws, Which Do I Follow?

Tue, 25 Mar 2008 21:28:16 GMT

Follow the laws of the state in which the employee works.

What Do I Do About My Annual $36 Fee To The Circuit Clerk?

Fri, 28 Mar 2008 21:29:00 GMT

You should pay fees, assessed by the Clerk, directly to the Clerk of the Circuit Court.

What Does An Employer Do When The Employee Or Custodial Parent Ask Questions About Their Withholding Notice?

Thu, 27 Mar 2008 19:48:48 GMT

Employers are not responsible for answering questions about the information on the notice. Refer the employee or custodial parent to the inquiry number provided on the notice. In most cases, this will be IDPA`s Income Withholding Inquiry Line, but sometimes this will be the number of another state`s child support agency, a private attorney or a custodial parent.

What Does An Employer Send With The Withheld Check Or Money Order?

Tue, 25 Mar 2008 21:39:42 GMT

The employee`s name and Social Security number and the custodial parent`s name, IVD number and order number, which all appear in the upper right corner of the notice. This information must be sent with the pay date the income was withheld, the amount withheld and the check or money order.

What Does The Employer Receive?

Tue, 25 Mar 2008 21:12:33 GMT

The Illinois Department of Public Aid sends the federal form, Notice to Withhold Income for Child Support (DPA 3683), with the Illinois employer packet, which includes an Employer Summary Notice (DPA 2598), medical insurance and remittance forms. These forms provide a summary of all the information the employer needs to comply with income withholding.

What If An Employer Does Not Comply With The Notice To Withhold For Child Support?

Thu, 27 Mar 2008 19:54:02 GMT

The employer may be subject to a $100 penalty for each day that the withheld amount is not paid after 7 working days have expired. If the employer willfully fails to withhold support pursuant to a notice, the employer can be liable for the total amount.

What If I Do Not Receive My Check, Or The Amount Is Wrong?

Thu, 27 Mar 2008 20:32:06 GMT

You should contact the Clerk of the Circuit Court of the county in which the order was filed or IDPA at (877) 2257077 or, If calling from out of state, 2177851692, If it is an administrative order.

What If My Support Payment Is Distributed Incorrectly Or Not At All?

Fri, 28 Mar 2008 21:16:35 GMT

Check with your employer`s payroll office first, to confirm that the employer is deducting your child support payment and that payments are being mailed according to the order. Your employer should include the correct identifying information: the county in Illinois where the order was entered, the case/docket number, the name of the employee, the social security number of the employee, the amount of the payment for each employee and each case, if the employee has more than one case, and the name and address of the payee if known. If the employer is mailing the correct amount, you should contact the SDU or the child support help line at (800) 4474278.

What If The Employee Quits?

Wed, 26 Mar 2008 20:06:25 GMT

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 any Information the employer might have about new employment and address.

What If The Employee's Available Net Income Is Less Than The Amount To Be Withheld?

Thu, 27 Mar 2008 19:17:11 GMT

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, on proportionate share basis. If any income is left after current support is withheld, withholding of proportionate shares of arrearage, then delinquency and other should follow.

What Is The Time Frame For The Sdu To Set Up A Direct Deposit, Once We Mall The Information To Them?

Thu, 27 Mar 2008 20:40:24 GMT

The direct deposit accounts take from four to six weeks to establish. The SDU will distribute checks to the payees until the account is established.

What Should The Employer Do When The Employee Is Ordered To Provide Medical Support?

Thu, 27 Mar 2008 20:22:03 GMT

The notice will indicate if the employer must enroll the children in health insurance coverage. If so, the employer must immediately enroll (without regard to enrollment periods) the employee`s child(ren) in the health plan designated in the order. The employer must withhold and pay the required premiums and other insurance fees on time. The employer must also mail to the custodial parent within 15 days of enrollment, or upon request, a notice of the effective date of coverage, information on the dependent coverage plan and the necessary forms to obtain reimbursement for covered services. The Employer Summary Notice which accompanies the notice, has the custodial parent`s name and address on it. This Information is confidential and is not to be shared with the employee. Please contact our Income Withholding Inquiry Line Downstate: 2177821380, Cook County: 3128037253, for assistance with questions you don`t find answered here. Also available is the New Hire Reporting handout developed by the Illinois Department of Employment Security or, you may call 1800327HIRE if you have questions about New Hire Reporting.

What Steps are Necessary to Enter a Valid Premarital Agreement in Illinois?

Sun, 12 Jul 2009 02:08:21 GMT

The Illinois Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. The agreement becomes effective once the parties are legally married. Illinois state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

What Will My Check Look Like?

Thu, 27 Mar 2008 20:36:12 GMT

Your check may look different. SDU checks will come in a Zfold self sealing envelope. However, be sure to watch your mail carefully, since there are various reasons you may receive mall from IDPA, the Comptroller of the State of Illinois, from your Circuit Clerk, or the SDU.

When Does The State Send Out Income Withholding Notices?

Tue, 25 Mar 2008 21:25:19 GMT

Illinois initiates an Order/Notice to Withhold Income for Child Support to the employer within two (2) days of learning about a non-custodial parent's employment or whenever changes occur on an existing Order/Notice.

Where Are My Payments Being Mailed?

Fri, 28 Mar 2008 21:25:34 GMT

State Disbursement Unit P.O. Box 8000 Wheaton, IL 601898000

Why Do Employers Play A Big Role In The Collection Of Child Support?

Tue, 25 Mar 2008 20:46:25 GMT

Welfare Reform has Identified jobs and child support as the keys to increased selfsufficiency. The law includes strict work requirements for custodial parents receiving welfare. It steps up efforts to locate parents who are not supporting their children and requires all support orders to be subject to income withholding, unless specifically agreed otherwise. Income Withholding has proven to be the single, most effective and consistent collection method, and New Hire Reporting has proven to be the most successful means of locating parents for the establishment and collection of that support. As payors of income, employers are the primary source that can consistently guarantee the earliest location of noncustodial parents and the speediest collection of child support. We recognize the extra work this places on employers, and we appreciate their efforts to ensure that America`s children have the necessary financial support from both parents.

Will The Employer Packets Vary?

Tue, 29 May 2007 21:19:00 GMT

Yes. Although the notice will be the same because it was standardized federally to make it easily recognizable, each state has different forms that will accompany the notice. Also, individual attorneys and parents have the legal right to serve employers, and they may not always use the standard notice. Additional items may also vary.

Will The Sdu Charge For The Service?

Thu, 27 Mar 2008 20:28:48 GMT

No, the SDU does not charge for its services.

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