The Illinois Family Lawyer

Commentary on the practice of family law (and other riveting subjects) from a Chicago lawyer

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Location: Chicago, Illinois, United States

Friday, August 03, 2007

Interesting recent case holding:

Crank v. Crank, No. 3-06-0907. Section 505(g-5) of Income Withholding for Support Act does not limit the amount that can be withheld from obligor's wages, for payment of support and maintenance arrearage after emancipation of children to the amount that had been withheld for current support before emancipation. Pursuant to federal Consumer Credit Protection Act, incorporated in Illinois Income Withholding for Support Act, maximum withholding for support and maintenance is 50% of obligor's wages if he or she has a dependent spouse or child, and 60% of ogligor's wages if not. Therefore, $300 per week (50% of wages) order, on arrearage exceeding $200,000, is neither illegal nor improper.

**Rememer, there is a maximum limit to how much child support a person can pay based on a percentage of income...don't overpay!!

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