Take the Child Support From Their Check

An Order for support in the State of Illinois is comprised of amounts one party must pay to the other for issues such as child support, maintenance, medial reimbursement, a child support arrearage or delinquency. Once the court enters such an order how does one enforce this order? The strongest component of any enforcement process is the Notice to Withhold Income for Support form.

The State of Illinois requires by statute, 750 ILCS 28/20(a) that a Notice to Withhold Income for Support must be issued to the employer unless otherwise agreed to by the parties and approved by the Court. The specific terms which must be contained in a Notice to Withhold Income for Support are listed in the statute, 750 ILCS 28/20(c). Of such terms there is a requirement that the form you use must comply with the federal office of child support enforcement. Many counties provide over-the-counter forms or online options for you to use. It is my experience that such available forms are either outdated, inaccurate or difficult to complete for the layperson.

I have reviewed more than one case where the employer did not withhold because the information sent to the employer was simply incorrect. An employer is not required to withhold child support just because you send them a copy of the support order.

If a proper Notice to Withhold Income is served you should expect the following:

• Funds to be withheld by the employer and sent to the Illinois State Disbursement Unit
  
• Health Insurance coverage for minor children regardless of enrollment dates
  
• Obtaining penalties against an employer who fails to comply with the form
  
• Collect unpaid ordered amounts without having to go to court each time
  

View the same Illinois Income Withholding Notice for Support form I have created for my clients. This is the only form available which complies with both the Federal and recent 2010 update to Illinois law. There is no other such compliant form available online or at any county circuit clerk's office. This form allows you to make changes every time a new order is entered or when a new past due amount, delinquency occurs, therefore you can send a new Notice to the employer immediatley. EVEN IF THE STATE IS INVOLVED YOU CAN SEND YOUR OWN NOTICE, YOU DO NOT HAVE TO WAIT FOR THE STATE! This form can be purchased for $20.00. This fee includes future legal updates which will be sent to you by email at no additional cost. If interested send an email by clicking here. The correct legal form is essential to protect your rights against non compliant employers.