Child support is common in most Illinois divorces. If you are going to receive child support, there are two ways to do so:
- You can arrange for your spouse to pay you directly; or
- You can enter an order garnishing your former spouse’s wages and be paid through the state disbursement unit.
As you can imagine, wage garnishment is the most popular option because most couples who are divorced don’t get along or don’t want to coordinate to exchange child support payments each month. In this article, we discuss wage garnishment in greater detail to get you familiar with how it will work in your divorce case.
Why Wage Garnishment?
Like we briefly mentioned above, wage garnishment is a great option for couples who do not want to communicate or for a spouse who does not trust his or her former spouse to make payments every month. Wage garnishment is done through the state disbursement unit. This means that neither spouse has to do anything to make the payments. Rather, a court order is sent to the obligor’s attorney. The obligor is the spouse who is ordered to pay child support.
This makes the process simple and removes any error or ill intentions from the process.
What Happens if a Spouse Doesn’t Pay?
If you agree to receive payments directly from your spouse and he or she doesn’t pay, you’ll have to return to court to collect your child support arrearages. Arrearages are past-due payments.
The issue is that you’ll incur court costs to enforce your judgment, which can be both inconvenient and frustrating. Often, you can collect attorney’s fees for pursuing the arrearages from your spouse. However, it’s best to do everything through the state disbursement unit so you don’t have this problem to begin with.
Contact Lawrence R. Surinak Ltd. With Questions About Your Divorce
If you’re considering divorce, you probably have a lot of questions about the process and how certain things, like child support, will work in your case.
Larry has been practicing family law for more than 36 years, giving him a breadth of experience and perspective in all of the issues in divorce. His transparent approach to practice means that you’re involved every step of the way and understand what’s happening in your case, whether related to child support or one of countless other issues.
If you have questions regarding your potential divorce, contact Larry to take advantage of your free consultation at 630-470-9990. If you prefer, you may also request a consultation online. We look forward to speaking with you!