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.

Asked on 1/15/05, 12:03 am

Zedrick Braden III Ainsworth & Associates PC

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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.

Answered on 1/17/05, 12:09 am

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