Legal Question in Family Law in Illinois

was unemployed for most of 2011, half of unemployment benefits garnished for child support bi-weekly; now employed in 2012--do I wait for the court system to attach support garnishment to my wages or do I estimate support payments to the child's mother, possibly incurring overpayments (state of IL issue/question)?

And is the payment based on gross or net wages (including or before my deductions for 401k, savings plan, eg)?


Asked on 3/05/12, 9:45 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Unless you have a pure percentage support order, you owe what was previously ordered before you lost your job. Any unpaid amount is accruing interest at 9% per annum. It is best for you to get the money taken out of your wages ASAP, or go to court and seek a modification of the support order based upon your current income.

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Answered on 3/05/12, 10:46 am


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