child support 101/102 - The Gitlin Law Firm

C. General Provisions of Income Withholding for Support:
1. Service of Notices:
As is stated below, the notices are to be served upon the employer, but do not have to be served by
personal delivery or certified mail. Instead, they can be served by:
Regular mail,
Certified Mail, return receipt requested;
Fax or “other electronic means;
Personal delivery. (750 ILCS 28/24(g)).
At the time of the service upon the payor, the child support recipient (or the public office) shall serve
a copy of a notice upon the obligor by ordinary mail addressed to his or her last known address. The
child support recipient is then to file proofs of service upon the payor with the Clerk of the Court.
(Sec. 24(g)).
[See legislation requiring notice for income withholding to be filed with proof of service.]
a. Subsequent Service of Same Notice:
Any other employer may be served at a subsequent time with the same income withholding notice
without further notice. (24(h)).
2. Delinquencies Versus Arrearages in Support:
The amendments no longer require the court to determine past-due support before a child support
delinquency can be withheld from an obligor's wages. Instead, the amendments merely require a
notice of income withholding to be served upon the employer with a copy to the obligor. The notice
may include payments on any purported delinquency that are not to be less than 20% of the total of
the current child support order plus the payments on any arrearage. The amendments require that
every time there is a support obligation, an order for support must be entered. Among the
requirements in the support orders is the requirement to state the amount the obligor must pay in the
future on any delinquency that might accrue. The payor must immediately withhold (14 days after
receipt of notice to withhold). It is now the obligor's duty to object to any withholding within 20
days after service.
Thus, there are new definitions of the terms "arrearage" and "delinquency." An arrearage is now a
child support arrearage as determined by the court and incorporated into a court order. A
delinquency is not established by the court, but is a payment that remains unpaid after the entry of
an order for support.
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