Kane County, Illinois Divorce Attorneys

Reliable Lawyers for Assistance with Orders for Withholding, Wage Garnishments, and Arrearages in St. Charles, IL

For many people, child support payments and alimony payments are essential to managing their finances, family, and lifestyle. When those payments are not received, it can result in serious hardship. Support payments are dictated by court order, and failing to pay is a violation of that court order which could result in serious consequences up to and including jail time.

At Shaw Sanders, P.C., our attorneys are experienced in helping clients obtain their court-ordered support. We use all possible means to ensure you receive the payments to which you are entitled, and we strive to resolve these matters as efficiently as possible. We understand that your need for payment may be urgent, so we will fight to collect what you are owed.

Withholding and Garnishing Income in Illinois

It is not uncommon for support payments to go unpaid. In many cases, those who rely on support payments feel helpless to compel their former spouse or co-parent to pay up. If you are in this situation, you have recourse. We can assist you in petitioning to have your former spouse's wages garnished.

If your petition is successful, the payor's employer is ordered by the court to withhold a certain amount of the payor's salary to pay towards support. The employer must comply with this court order, and the funds will be transferred to a neutral third party (the State Disbursement Unit) or directly to the receiving if both parties agree.

The court will examine the payor's financial circumstances to determine how much of the payor's salary will be garnished. Often it will include the past unpaid balance (arrearages) in addition to current payments. In most cases of wage garnishment, the amount is limited to 15% of the payor's gross income. Child support garnishments are the only exception to that rule, since the statutory formula used to determine child support obligations may require a payor to contribute more than 15% of their income to child support.

How Can I Petition the Courts to Compel Payment for Support Orders in Illinois?

If your ex-spouse refuses to pay alimony or child support, a skilled family law attorney can help you take direct action. This is accomplished by petitioning the court to garnish your ex-spouse's wages. As part of your petition, you should prepare to explain how much you are owed and how long your ex-spouse has not paid you for. Presented with your petition, the judge may then approve the order to garnish your ex's wages. Depending on how far behind your ex-spouse is on court-ordered support payments, they may also be required to pay greater amounts.

Your ex-spouse's employer is responsible for garnishing their wages. If the employer refuses to comply with the order, additional legal action may be required. Our attorneys can help you pursue the payment you deserve, taking aggressive measures on your behalf to help you secure late child support or alimony.

Contact Our St. Charles Divorce Lawyers

A court order is only effective if it can be enforced. By seeking legal representation, you can explore your options for enforcement. If you have not been receiving your court-mandated support payments, contact Shaw Sanders, P.C. via phone at 630-584-5550 to schedule a no-cost consultation. Our attorneys understand how important it is for you to get paid in a timely fashion, and we will help you collect what you are due. We are also familiar with other strategies to compel payment including suspension of driver's license, professional license, and tax return, as well as criminal charges for very egregious behavior. Based in St. Charles, we work with clients in Kane County, DuPage County, DeKalb County, Kendall County, and across Northern Illinois.