Weathering the Storm

The basics

The emotional aspects of divorce

Protecting the children

Money

Marital Estate

Retirement Benefits

Budget Process

Alimony and Maintenance

Hidden Assets and Income

Exclusions from the Marital Estate

Settlement

Mediation and Collaborative Divorce

Litigation

Likely Deposition Questions

Post-Divorce Parenting

Trial

Anticipating Problems

Prenuptial Agreements

Counselling Session McHenry Divorce Lawyer

Federal Family Support Act Explained by a McHenry Divorce Lawyer

A McHenry divorce lawyer can explain that the federal Family Support Act requires each state to include a system that allows for the seizure of a responsible parent’s wages to pay child support.

Applicable Orders

Additionally, McHenry divorce attorneys can explain that this federal act can also apply to alimony orders, so long as child support is also mentioned in the order. Furthermore, the act applies to other states. So if the order was made in one state but the parent moves to another state, the second state will enforce the income withholding.

Exceptions to Automatic Income Withholding

McHenry divorce attorneys can also explain that income withholding is usually automatic. However, parties can make a mutual agreement otherwise. Additionally, if there is good cause for not ordering automatic income withholding, it may not be ordered. Good cause may include a steady history of on-time payments.

Process of Automatic Income Withholding

The first step to acquiring automatic income withholding is to get a court order for support. Then, the custodial parent sends the responsible parent’s employer a copy of this order. The employer takes out a portion of the employee’s wages each paycheck. This portion goes to the state agency that administers child support. Child support can also be withheld from other sources of income, including pension income, annuities, unemployment compensation, retirement funds or public benefits. This process works slightly different. In this situation, the court sends information regarding the responsible parent’s information to the administrator or public agency that provides the benefits or the financial institution that administers retirement¬†accounts.

Not Honoring Income Withholding Orders

In some instances, an income withholding order may not be ordered. For example, private pensions governed by the Employee Retirement Income Security Act or the Retirement Equity Act may have administrators that refuse the income withholding order due to an anti-alienation clause in the pension plan. A McHenry divorce lawyer can explain that income from Social Security may not have to comply with the withholding order.

Legal Assistance from a McHenry Divorce Lawyer

If you would like to learn more about automatic income withholding, contact a McHenry divorce lawyer at Stetler Law Group. Call (815) 529-4554 for more information.

 

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