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Will Getting Remarried Affect Child Support Payments? 

Posted on in Family Law Blog

lombard child support lawyerDifferent states have different methods for handling child support when either parent remarries. Illinois uses a method known as the “income shares model” to determine each parent’s financial obligation to their children and whether one parent must pay the other monthly child support. Parents’ incomes and the parenting time they have are the primary factors of child support payment calculations. Because remarriage potentially affects the remarried parent’s overall financial situation, either parent, paying or receiving, could request that child support payments be modified by an Illinois court. 

Remarriage as Grounds For Child Support Modification

If the parent with the majority of parenting time gets remarried, the other parent - the one making the child support payments - may request a modification. Although the spouse of the remarried parent has no legal obligation to help pay for the children, having a second household income reduces the remarried parent’s financial burdens and gives them more disposable income to provide for the children.

If the parent making payments gets remarried, their child support payments are unlikely to change without otherwise having a significant change in their overall financial situation. Because the financial obligation to their children does not change with a new marriage, courts do not often change child support when a paying parent gets remarried. 

It is important to remember that until a court formally changes child support payments, parents must continue to meet their obligations. They cannot lower payments or stop paying in anticipation of a court-ordered change. 

What Factors Do Courts Consider When Creating Child Support Orders? 

Although courts primarily adhere to the income shares model, which follows a formula to determine child support payments, judges have the discretion to deviate from this model. Judges can consider extenuating circumstances when setting child support payments, including parents’ other financial responsibilities. If a parent has multiple child support payments and paying child support according to the income shares model would put him or her under the poverty threshold, a judge can reduce monthly payments. Likewise, a high-earning parent may be ordered to pay child support above the amount that the income shares guidelines dictate. 

Meet with a Lombard, IL Child Support Lawyer

Changes in life circumstances, including remarriage or starting a new job, may be grounds for modification in child support payments. A qualified DuPage County child support attorney with A. Traub & Associates can help you understand what your remarriage means for your child support obligations. Call us today at 630-426-0196 to schedule your initial consultation and find out what we can do for you. 

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000

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