Illinois orders labeled “Delinquent Child Support, Notice of Levy on Wages, Salary,
and Other Compensation” requesting payment to the Illinois Department of Revenue (IL
Dept of Revenue) because the SSA beneficiary did not pay his/her child support are
processed differently than Illinois garnishment orders.
These withholding orders entitle the claimant to an exempt amount (similar to a tax levy). This amount is calculated by multiplying the federal minimum wage times 45 which is multiplied by 52 weeks and divided by 12 months.
Determine the withholding amount as follows: (This is a simplified version of filling
out columns A-H, Step 2 on the Illinois Form EDC-111.)
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•
Determine the current MBP as shown on the MBR query. If the MBP is the exempt amount
or less, SSA cannot comply with the withholding order since the exempt amount is not
met or it is just met with no excess for withholding.
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•
If the MBP is greater than the exempt amount, subtract the exempt amount from the
MBP; calculate 15% (.15) of the MBP. The amount to send to the Illinois Department
of Revenue is the smaller of these two amounts.
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•
Enter the amount from this calculation into COGS. Do not enter a percentage amount.
Due to the unique calculation of the garnishment amount for these orders, an actual
money amount must be entered into COGS.
If the case number of an existing order (s) is the same as the new order from the
IL Department of Revenue, both orders must be honored. Send the money on both the
existing order and the newly calculated amount to the Illinois SDU, P.O Box 5400,
Carol Stream, Il 60197-5400.
These orders may not contain a court order case number and generally request that
the payment be made using the Debtor I.D. number, which is the beneficiary’s SSN.
We cannot comply with this request because doing so would result in the SSN being
visible in the check envelope window which violates our confidentiality regulations.
If these orders do not have a court case number, use the contact information provided
to obtain a court case number. If the order does not contain contact information,
contact RO support staff or PC OA staff for guidance.
EXAMPLE 1—Exempt amount not met.
Existing garnishment deduction of $65.00
The current MBP from the MBR query is $999.00. Since the MBP is less than the exempt
amount, SSA cannot comply with the order. Send a manual notice to the IL Dept of Revenue
explaining that SSA cannot comply with the order because the beneficiary’s benefits
are below the exempt amount. We will continue to send $65 to the IL SDU. Do not enter
into COGS because it is not yet programmed to accept this type of reject.
EXAMPLE 2—Exempt amount met.
Existing garnishment deduction of $30.00
The current MBP from the MBR query is $1500.00. Since the MBP is greater than the
exempt amount, continue with the following steps.
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a.
MBP of $1500.00 minus the exempt amount = $86.25
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b.
Calculate 15% (.15) of MBP of $1500.00 or $225.00
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c.
Compare a. and b. and take the smaller amount or $86.25
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d.
The withholding amount input to COGS and sent to the IL Dept of Revenue is $86.25.
We will continue to send $30 to the IL SDU.
NOTE: If the amount due under the two orders exceeds the Federal limits, the payments will
be prorated. That calculation will be done by COGS.
EXAMPLE 3—Exempt amount met, no existing garnishment.
The current MBP from MBR query is $1840.00. Since the MBP is greater than the exempt
amount, continue with the following steps.
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a.
MBP of $1840.00 minus the exempt amount = $426.75
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b.
Calculate 15% (.15) of MBP of $1840.00 or $276.00
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c.
Compare a. and b. and take the smaller amount or $276.00
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d.
The withholding amount input to COGS and sent to IL Dept of Revenue is $276.00.
If an inquiry is received about an Illinois “Delinquent Order” because we have reduced
the withholding rate, inform the beneficiary that SSA has corrected the withholding
amount based on a communication received from the Illinois Department of Revenue.
If they want to dispute amounts previously withheld, tell them that SSA is unable
to repay any benefits previously withheld based on federal law. They must take their
dispute to the Illinois Department of Revenue.
If an inquiry from is received from an individual because the amount of money he/she
receives from the State of Illinois has been reduced as a result of this change, refer
the individual to the Illinois Department of Revenue.