Legal Question in Family Law in Illinois
Child support during lose of job
I pay child support however, I have lost my job. Are my unemployment wages, provided by the state, considered earned income and subject garnishment? I did receive a severance check, the amount based on 17 years of service. I pay support for a 3 year old child. Is the severance check subject to garnishment and if so is the entire amount subject to garnishment or just a amount equal to 3 years time. The childs mother and I never married and she lives in another state.
1 Answer from Attorneys
Re: Child support during lose of job
Greetings. Any money you receive, severage,
unemployment compensation, etc. qualifies as
income for purposes of child support in the eyes
of the court. However, you need to get into court right away, if you have not already done so.
It is important that you file a motion to suspend
child support while you are unemployed, but if
you are receiving unemployment benefits, the
appropriate motion is a motion to modify child
support based upon a decrease in your income. Then the court will calculate child support based
upon your present income. Mom has to be sent
notice of this motion. The court may require
that you seek full time employment and order you
to periodically bring in a job diary as proof that
you are doing so. I will be happy to answer any
additional questions that you might have.
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