Legal Question in Family Law in Illinois

I currently have court ordered back child support deducted from my paycheck for adult children. I have a temporary health issue and my Dr will not release me to work. I worked 2 days this week so my paycheck is going to be very small or none due to the child support deduction. In illinois, is thee a maximum percentage that they can take out of my check when there is circumstances like this? If so, is the calculations before tax and insurance deductions or after the deductions?

Asked on 10/05/17, 4:20 pm

Jonathan Shimberg Shimberg and Crohn, P.C.

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5 of gross but limited by minimum wage law.

The Wage Deduction notice states:

You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection

Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor’s principal place of employment

(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State,

Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. Th e Federal limit is 50% of the disposable

income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.

However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may

deduct a fee for administrative costs. Th e combined support amount and fee may not exceed the limit indicated in this section.

Answered on 10/06/17, 4:50 am

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