Notice of Withholding to Employer (Illinois)
This is a supplemental letter form for the Divorce with Minor Children packet (Illinois) that transmits the Notice of Withholding to the employer. The form provided here is simply a sample of what the actual form looks like.
Certified Mail No.: ____________________
(name and address of employer)
Re: ____________________ (your case name and number, plus the name and social security number of the person paying the support)
Please be advised that a child support order has been entered against
____________________ (name of person that will be paying the support). It is my understanding that he/she is employed by you. I have enclosed with this letter a Notice for Withholding. This order provides for income withholding to enforce a court ordered payment of support. You are required to withhold the amount of support from the earnings of your employee as follows:
1. Withhold the amount specified, (amount of support to be paid) per (how often the support is to be paid, e.g. per month, per week, per 2 weeks, etc), beginning with the next payment of earnings, following 7 days after you receive this notice. Withholdings must continue until (the termination date on your Uniform Order for Support).
2. Forward payments withheld from the employee's wages to: State Disbursement Unit, P.O. Box 5400, Carol Stream, Illinois 60197-5400. You should make the check payable to State Disbursement Unit and provide the following information either on the check or a remittance form:
a. Court Order No. (the number of your case);
b. Employee's name and social security number; and
c. Amount withheld.
You will find attached a sample form.
3. The law prohibits you from and provides penalties for, discharging, disciplining or otherwise penalizing any employee because of a duty to withhold earnings.
4. You are required to cooperate with the custodial parent or spouse whenever an employee terminates his or her employment by providing information on new employment or other whereabouts of the employee. You should return a copy of the Notice for Withholding to (your name and address), immediately upon termination. In addition, whenever an employee is no longer employed by you, you must return a copy of the Notice for Withholding to the Circuit Court Clerk and furnish information about the employee's whereabouts and new employment. This is required under subsection (G)(2) of the Illinois Revised Statutes on Income Withholding. I have enclosed a sample form for your convenience.
5. Amounts to be withheld are subject to the following limitations: Federal and state income taxes, social security and statutory retirement, disability contributions, and union dues must be withheld first. You must withhold a maximum of 50 percent of the remaining income for an individual supporting another spouse or child and 60 percent for a person who is not.
6. For withholding the income you are entitled to receive the lesser of a $5.00 per month or the actual check processing cost to be taken from the income to be paid to the employee.
This Notice of Withholding takes precedence over any prior or subsequent garnishments, attachments, wage assignments or other claims of creditors.
Thank you for your prompt attention to this matter.