Family Law Questions? Ask a Family Lawyer Online.
llinois uses the federal limits set forth under the Consumer Credit Protection Act (CCPA). Federal law limits what can be taken from your paycheck for this type of wage garnishment. Up to 50% of your disposable earnings may be garnished to pay child support if you are currently supporting a spouse or a child who isn't the subject of the order. If you are not supporting a spouse or child, up to 60% of your earnings may be taken. An additional five percent may be garnished for support payments over 12 weeks in arrears.
Depending on your social security benefits, there are some types that are exempt from garnishment. A parent cannot be ordered to pay child support out of their Supplemental Security Income. However, a person who collects Social Security Disability Insurance can be ordered to pay child support out of that income.