Children are a foremost concern in any divorce. This is why Illinois divorce law offers many options to ensure that parents aren’t left in the lurch when it comes to child support payments.
While some parents trust their former spouses to pay child support directly, others don’t. If you have any concerns regarding your spouse paying child support, it’s important that you consider wage garnishment as an option.
What is Wage Garnishment?
Wage garnishment is the process by which the state withholds a set amount of pay from your former spouse’s check for child support payments. Illinois uses garnishment to enforce a variety of court orders, although child support is one of the most common areas in which it is used.
Wage garnishment is often used by spouses to collect child support arrearages. Arrearages are outstanding child support payments. It’s important to remember that child support payments become a matter of law for the court beginning 30 days past the date it was due. This means you may return to court after 30 days to force your former spouse to pay the money or face a penalty.
Employers Handle Wage Garnishment, Taking Concerns Out of Your Hands
Though your Naperville divorce attorney will need to fill out a form at the time of divorce for you to collect child support payments via wage garnishment, your former spouse’s employer handles the process. The court requires nothing but the form, making it a simple, straightforward process for all involved.
Child support garnishments are typically prioritized above other garnishments as well. This means that you have little to worry about if you’re the receiving spouse.
Contact a Naperville Divorce Attorney for Further Assistance
If you’re concerned about receiving child support following your divorce, a Naperville divorce lawyer can guarantee payments through wage garnishment. Most importantly, this is a simple process that requires virtually no additional effort in your case for total peace of mind.
If you’re interested about learning more about wage garnishment, contact Larry for your free 30-minute consultation at 630-470-9990. If you prefer, you can also arrange for a time to speak by filling in our convenient online form.
We look forward to speaking with you and offering our guidance in your case.