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View Full Version : Can my dad's disability wages be garnished? ILLINOIS


Kata
06-02-2005, 07:37 PM
I live with my parents and my sister. (We are in Illinois). My mother works full-time and my sister and I go to school full-time. My father is on disability. He receives approx. $1300.00 a month, which is all deposited into his own private checking account. Into the joint checking account he shares with my mother, he contributes only $200 a month for bills. That barely helps to cover anything. My mother doesn't want my sister or me to quit school to get 2nd and 3rd jobs to help pay the bills, but since my dad is not giving any more money to my mom, we will soon not have a choice. Is there a law that requires my dad to contribute a certain amount for the bills? How would it be enforced? Would I have to hire a lawyer? Can his disability wages be "garnished" even though he and my mom are still married? THANK YOU to anyone who can help!
-KATA

elklaw
06-02-2005, 08:30 PM
Since your parents are married, I am not aware of a law where she can garnish his wages. But if she were to file for a legal separation from him, she could ask for interim orders for support for the children and spousal support, and garnishment could be ordered that way. I am not sure what to tell you. You may be able to find a lawyer out there who is willing to take a novel case like this, but since they are still married it is hard. Now, if your parents have a joint account and the money is deposited there, once the money is in there your Mom technically is a joint owner of the account who can go take money out.

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