Take the Child Support From Their Check

In the State of Illinois where the court enters a order for support, the support is to be taken by an employer from the noncustodial parent's, (the obligor) paycheck, sent to the State Disbursement Unit, (the SDU) within 7 business days, the SDU in turn forwards the funds to the custodial parent, (the obligee). This process is required under Illinois law unless the parties agree otherwise and such agreement is approved by the court, and is stated in the Income Withholding Act, see 750 ILCS 28.

In general terms the process begins when the state agency or the Obligee sends to an employer a Notice to Withhold Income. This form has many important details and will not be sent out by the courthouse. If the Illinois Department of Public Aid is not involved in your case you must send this yourself if you want the employer to know that money must be withheld.  It does not happen by default.  The employer is not to be sent the court order signed by the Judge, they are only to receive the form.

The form, called a Notice to Withhold Income may be available at the circuit clerk's office in your county.  However I have not seen a form issued by a clerk's office that complies with the current law. Therefore  in the event an employer fails to comply with the law you may not be able to recover the penalties afforded to you as listed in section 28/35. There is no state specific mandated form to use however there are specific things that must be contained in the Notice. It is important to read this act to make sure the notice you send is accurate.  Failure to do so may in some cases cause the employer not to withhold and your effort may be a waste of time. Of the many steps that must be performed get written confirmation, at least by certified mail, that the employer received the notice you send.

The most current Illinois case on the issue of an employer being held responsible for failing to withhold and/or sending withheld child support properly can be read by clicking here - In Re Marriage of Chen.  I have settled numerous cases against employers for failing to comply. It is amazing how many employers have chosen not to pay an attorney to inform them of their duties.  I am hired in these types of cases on a fee for recovery only. I recover nothing you pay nothing.