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Wage Garnishment laws

I have 15% of my check taken out for child support, I have another 5% garnished by Illinois Student Assistance commission (ISAC), plus I am paying ISAC $150 a month in a payment plan. Under federal and state law can a creditor garnish any amount of check under these circumstances? Also does ISAC have the right to garnish 5% of my check while I am paying 15% child support under Federal or state law? Thanks, please help!

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Attorney answers (1)

Reputation Level 12
You ask how much creditors can take from your paycheck. The short answer is 15% or 45x minimum wage.

More specifically, Illinois allows you to exempt the greater of 15% of gross wages or disposable earnings up to 45x the minimum wage. Put another way you can keep up to 85% of earned but unpaid wages. Be aware that creditors must bring an action within these guidelines

Credit Card: 5 years after failure to pay
Contracts: 10 years after failure to pay
Judgment: 20 years after failure to pay

In general, you can exempt the following amounts of property under state law and in bankruptcy

Real Estate: Residence up to $7,500 per spouse(proceeds from sale remain exempt up to 1 yr [735-5/12/901, 735-5/12-902, 735-5/12-906]

Personal Property: Family pictures, bible, school books, unlimited [735-5/12-1001(a)]; necessary clothing [735-5/12-1001(a)]; health aids, unlimited [735-5/12-1001(e)]; vehicles up to $1,200/person [735-5/12-1001(c)]; implements, books and tools of a trade up to $750 [735-5/12-1001(d)]; personal injury recoveries to $7,500 [735-5/12-1001(h)(4)]; proceeds from sale of exempt property [735-5/12-1001]; the portion of wrongful death recovery needed for support [735-5/12-1001(h)(2)]

Insurance / Annuities: Health or disability benefits, unlimited amount [735-5/12-1001(g)(3)]; homeowners' proceeds to $7,500 [735-5/12-907]; life insurance or annuity proceeds or cash value if beneficiary is insured's child, parents, spouse or other dependent, unlimited amount [214-5/238]; fraternal society benefits, unlimited amount [215-5/299.1a]; life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [215-5/238]; life insurance proceeds, amount needed for support [735-5/12-1001(f)(h)(3)]; life insurance policy if beneficiary is insured's spouse or child, unlimited amount [735-5/12-1001(f)]

Pensions/Retirement Plan: Teachers, unlimited amount [40-5/16-190, 40-5/17-151]; correction employees, unlimited amount [40-5/19-117]; retirement benefits, unlimited amount [735-5/12-1006]; police officers, unlimited amount [40-5/3-144.1 and 40-5/5-218]; municipal, county and state employees, unlimited amount [40-5/7-217(a), 40-5/8-244, 40-5/9-228, 40-5/14-147, 40-5/19-218, 735-5/12-1006]; civil service employees, unlimited amount [40-5/11-223]; disabled firefighters, widows and children of firefighters, unlimited amount [40-5/4-135, 40-5/6-213, 40-5/22-230]; park employees, unlimited amount [40-5/12-190]; general assembly members, unlimited amount [40-5/2-154]; judges, unlimited amount [40-5/18-161]; sanitation district employees, unlimited amount [40-5/13-805]; state university employees, unlimited amount [40-5/15-185]
Public Benefits / Entitlements: Veterans' benefits, unlimited amount [735-5/12-1001(g)(2)]; workers' compensation, unlimited amount [820-305/21]; workers occupational disease compensation, unlimited amount [820-310/21]; unemployment compensation, unlimited amount [735-5/12-1001(g)(1)(3)]; social security, unlimited amount [735-5/12-1001(g)(1)]; crime victims compensation, unlimited amount [735-5/12-1001(b)(1)]; aid to aged, blind, disabled, and families with dependent children, unlimited amount [305-5/11-3]

Wages: 85% of earned but unpaid wages [740-170/4]

Miscellaneous: Alimony and child support, amount needed for support [735-5/12-1001(g)(4)]; any property up to $2,000 [735-5/12-1001(b)]; business partnership property, unlimited amount [805-205/25]
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