Furthermore, their income is not factored into the amount of child support you pay. There is an exception to this, however. If your disposable income increases significantly after you remarry, your child support order may be reworked so that your payments increase.
The courts will likely assume that your disposable income has increased substantially and may increase the amount of child support you owe. Your new spouse may voluntarily contribute, but they can not be legally required to and their wages cannot be garnished to pay past due child support payments.
Whether you pay or receive child support, having more children with your new spouse does not affect an established child support order. On the other hand, if you pay child support, it is unlikely you will have your payments reduced if you have children with your new spouse. Call our office at to schedule a consultation with one of our attorneys.
Child support orders are rarely directly impacted by remarriage. You can get a child support order changed if you can show the court that there has been a substantial change in your circumstances, such as an involuntary change in your income, an alteration to the child's needs, a change in your earning capacity, or any other factor the court decides is relevant.
However, remarriage by itself is insufficient because the new spouse has no obligation to support children from a prior marriage. On the other hand, after remarriage of either spouse has taken place, there may be substantial changes in circumstances related to the remarriage but distinct from it that would warrant petitioning the court for a modification in the child support order.
For example, if you are the spouse who is paying child support and you remarry and have twins, the court may be willing to factor the costs involved in raising the new children into its determination of a request for modification of child support.
An experienced attorney can help you evaluate the impact of remarriage on spousal and child support in your case. Divorce attorney Terese J. Singer is dedicated to providing vigorous but compassionate representation to her clients with regard to alimony and child support , as well as other matters in Milwaukee. If you are concerned about the impact of remarriage on spousal and child support, contact us to find out more about your options. Call us at or via our online form. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Child support laws vary from state to state, especially in situations where one spouse remarries. Illinois uses an income shares model to calculate how much each parent must contribute to child support.
Then, each parent will pay a percentage of the obligation that is proportionate to their percentage of the combined incomes. The parent who has a majority of the parenting time will receive child support payments from the other parent, regardless of who has a greater income. The equation can change in a shared parenting agreement, which Illinois defines as each parent having at least days with the children during the year.
There are also situations in which a parent can request a modification of the child support payment. Illinois allows a parent to petition to modify child support when there is a change of circumstances that affects either:. Remarriage is one of the many situations that can warrant a change with mandatory child support payments. When the majority parent gets remarried, the other parent will still have to continue paying child support on a monthly basis.
The minority parent does have the right to change the original agreement if they see the payment amount to be unfair after the marriage. Rarely does anything changes if the minority parent gets remarried.
Their financial obligation to their child does not change if they get remarried or if they have more children later on. The majority parent is still owed the money to help care for the child, and these amounts should not change. Whether you just got remarried or your financial situation has changed, modifications are common with child support payments. Nothing will ever remain constant, including your financial stability, or the lack thereof.
If you believe that your child support needs to be modified, contact our Lombard, IL, child support attorneys at for legal help. Share Your Experience. Traub Chantelle A. Leave Us A Review.
Subscribe via RSS. Posted on August 01, in Child Support. How Does Remarriage Tie In?
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