In Illinois, alimony is supposed to be protected from any kind of garnishments. I have recently read that if you make an amount a judge thinks is excessive, they can still garnish your alimony. I would like to know how much is too much to receive before it may be subject to garnishment. If you can garnish alimony, what is the maximum percentage a judge can allow someone to garnish from you?

ANSWER

The BIDaWIZ Team's Answer:

In the state of Illinois, you are correct creditors generally cannot garnish alimony payments, per Illinois 735-5/12-1001(g)(4). However, the exemption is limited to the amount that is reasonably necessary for the support of the debtor or any dependent of the debtor. Please note that there is no specific test based on salary or income alone to determine "excessive salary," it would be up to the judge to determine that the income exceeds the reasonableness criteria. Also, the judge may not rule that the garnishment is x% of your total earnings, but rather an amount that exceeds the amount necessary to support yourself and dependents. Therefore, if your total earnings was $60,000 and $50,000 was determined to be reasonable, the excess or $10,000 could be subject to the garnishment. This is a completely hypothetical example, but it should provide some guidance for you.