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Illinois Wage Garnishment Formula:
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Wage garnishment in Illinois is a legal process where a portion of an employee's earnings is withheld by their employer for the payment of a debt. Illinois follows both federal and state laws that limit how much can be garnished from wages.
The calculator uses the Illinois wage garnishment formula:
Where:
Explanation: The garnishment is the lesser of either 15% of disposable earnings or the amount by which disposable earnings exceed the Illinois exemption amount.
Details: Illinois follows the federal Consumer Credit Protection Act (CCPA) which limits garnishment to the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage. However, for certain debts, Illinois uses a 15% limit.
Tips: Enter your disposable earnings (after taxes and other required deductions) and the current Illinois exemption amount. The calculator will determine the maximum that can be legally garnished.
Q1: What is considered disposable earnings?
A: Disposable earnings are what remains after legally required deductions like federal, state, and local taxes, Social Security, unemployment insurance, and state employee retirement systems.
Q2: What is the current Illinois exemption amount?
A: The exemption amount changes periodically. As of 2023, it's $504.90 per week (45 times the Illinois minimum wage of $11.22/hour for a 40-hour week).
Q3: Are all debts subject to the 15% limit?
A: No, child support, alimony, tax debts, and student loans may have different limits. This calculator is for standard consumer debt garnishment.
Q4: Can my employer fire me for wage garnishment?
A: Illinois law prohibits employers from terminating employees for a single garnishment. However, multiple garnishments may not be protected.
Q5: How can I stop wage garnishment?
A: You may be able to stop garnishment by paying the debt in full, negotiating with the creditor, filing for bankruptcy, or proving financial hardship in court.