Aug 5, 2013

Noteworthy Change to Income Withholding Notices for Support Obligations

Anita Ventrelli

The Illinois General Assembly passed Public Act 098-0081 effective July 15, 2013 to amend “The Income Withholding for Support Act.”  The sole change to the Act deletes the language that used to require all Income Withholding Notices that are sent to employers to “include the date that withholding for current support terminates, which shall be the date of termination of the current support obligation set for the in the Order for Support.”  This change means that unless information beyond that required by statute is given to employers, they will not be told of termination dates for support payments.  The required content for Orders for Support does not require a termination date for the Support Order to be stated either.

As a practical matter, any individual who is the Payor on an Order for any type of support should calendar him or herself to take the steps necessary to have an Order and/or Notice of the termination of withholding prepared well in advance of the last date when a support payment is required of him or her so that there is time sufficient for the State Disbursement Unit to process the Notice and for appropriate Notice to be served on an employer.  Just as one would not want to overpay any other bill and be in a position seeking reimbursement for the overpayment, one should take the steps necessary to ensure that withholding does not go on longer than the obligation to pay support.

Likewise, an individual who receives support should calendar the ending date for the support payments.  This will insure that if an employer pays out more than what is required by court order, the recipient will be on alert to the fact that the overpayments could be the subject of a request for the return of the funds.

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