The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

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When you are subject to an order from the court, you are legally required to abide by the rules of that order. If you do not abide by those rules, you could be considered to be in contempt of court. According to Illinois law, contempt of court comes in two forms -- civil contempt and criminal contempt. Both are very similar and could arise from a divorce or child support case in some situations. Both child support and spousal maintenance exist for a reason -- to help pay for each one’s living expenses. It can be frustrating when a spouse does not pay their court-ordered support, especially when you depend on that income to live. If your ex-spouse does not pay their court-ordered child or spousal support, they could be held in criminal contempt and subject to various penalties, the most common of which is wage garnishment.

How Does Wage Garnishment Work?

If your ex-spouse is not complying with the terms of your child support or spousal support order and is behind on payments, you have the right to petition the court to garnish their wages for the unpaid amount. If the court agrees to do this, you must then notify your ex’s employer of the garnishment order, how much should be withheld from each paycheck for current support and past support, the total amount that must be withheld, and any other pertinent information, such as payment requirements for healthcare enrollment. Up to 50 percent of your ex’s net wages can be garnished to satisfy support orders, but in some cases, that amount could be up to 60 percent.

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Illinois divorce attorney, Illinois family lawyer, Illinois parenting time and responsibilities lawyer,Getting a divorce when you have children is never as easy as getting a divorce when you just have you and your spouse to consider. Divorcing with children means you have a few extra things that you must consider and make decisions about before you can finalize your divorce. These include parenting time arrangements, decision-making responsibilities for the children, college expenses and a rather common one, child support.

Child support is meant to be used to address the basic needs of children, such as a proper place to live, clothes to wear and food to eat. What the Illinois child support formula does not include is other expenses for your child that are nearly impossible to avoid. These expenses can be calculated and then added to the basic child support obligation that you and your child’s other parent are responsible for providing before the obligation is divided between the two of you.

Other Child Expenses

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,So you have gone through all of the steps and jumped through all of the hoops to request and receive child support. But now you have a substantial change in your life, which will require a change in your child’s support. Though it is not impossible to make a modification to the child support orders, it can be a tedious process due to the requirements that need to be met before you can have the modifications granted.

Can I Ask for a Child Support Modification?

Once a child support order is issued, the non-custodial parent must pay child support until the child turns 18 or graduates from high school, whichever is later. Existing child support orders can go through the modification review process if:

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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