Legal Question in Family Law in Illinois
Divorce / Child Support
My place of employment received a Notice to Withhold and it stated that weekly child support be taken (no problem). It also states in a hand written note that bonus checks be applied the same way, 20% withheld. This is not the way it was set up in the divorce decree, in fact its up to my employer to decide whether to take month out that way or I supply the pay stub and check that way. Do I have any say in the changing of this and how? What do I do or employer do until this is changed (bonus is coming up)?
2 Answers from Attorneys
Re: Divorce / Child Support
order of support is what is controlling need to pull out the court file and see what it says. Is the handwrittne note signed by a judge? if not, probably not an order.
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Re: Divorce / Child Support
If the Notice to Withold is not consistent with the Judgment, likely the thing to do is to bring it to the court's attention. The Notice to Withhold is not supposed to do anything substantive...it's really just supposed to tell an employer to withhold child support/maintenance consistent with what the judgment requires. More or less just a procedural thing. You can try to cut this off at the employer end but many employers are "freaked-out" to do much because they face penalities from not complying with these Notices.
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