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12-819.Limitations on Part 8 of Article XII.

Article XII. Judgments - Enforcement · Part 8. Wage Deductions · Last amended 2016 · Last verified July 20, 2026

In one sentenceExcludes court-ordered income withholding for child support or spousal maintenance under Illinois's public aid, marriage-dissolution, non-support, reciprocal-enforcement, and parentage statutes from Part 8's wage deduction procedures.

Full Text of 735 ILCS 5/12-819

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The provisions of this Part 8 of Article XII of this Act do not apply to orders for withholding of income entered by the court under provisions of The Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015 for support of a child or maintenance of a spouse.

Plain-English Summary

Section 12-819 marks the outer boundary of Part 8. Its wage deduction machinery -- the affidavits, interrogatories, the Section 12-803 formula, the employer's duties, the trial and hearing procedures -- does not apply to orders for withholding of income that a court enters under a separate list of family-support statutes: the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015, when those orders provide for the support of a child or maintenance of a spouse.

The effect is that a support or maintenance withholding order entered under any of those statutes runs on its own track, governed by the withholding rules built into that particular support statute, rather than by Section 12-803's 15%-or-45-times-minimum-wage cap or the rest of Part 8's procedure. Part 8 remains the general wage deduction framework for ordinary money judgments; the support-related statutes listed here handle income withholding for child support and spousal maintenance in their own right.

Frequently Asked Questions

Does Illinois's Part 8 wage deduction procedure apply to child support income withholding?

No. Section 12-819 excludes income withholding orders entered for the support of a child under the statutes it lists from Part 8's wage deduction procedure.

What about spousal maintenance withholding orders?

Those are also excluded, when entered under the family-support statutes Section 12-819 lists for maintenance of a spouse.

Which Illinois statutes' withholding orders are excluded from Part 8?

The Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015.

Does the Section 12-803 formula -- 15% or 45 times minimum wage -- apply to child support wage withholding?

No. Section 12-819 removes support and maintenance withholding orders under the listed statutes from Part 8 entirely, so the Section 12-803 formula doesn't govern them.

Does Section 12-819 explain why support withholding is handled separately from Part 8?

No. It states only that Part 8 does not apply to withholding orders entered under the listed support statutes; the withholding procedures for those orders are set out within each of those separate statutes.

Amendment History

(Source: P.A. 99-85, eff. 1-1-16.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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