Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Wheaton Office
630-426-0196
Text Us Now
630-426-0196

How Does Remarriage Affect Child Support Payments in Illinois?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. The parents’ combined net income and the number of children will determine their combined child support obligation. Then, each parent will pay a percentage of the obligation that is proportionate to their percentage of the combined incomes. For example, a parent who makes $70,000 of a $100,000 combined income would pay 70 percent of the child support obligation.

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. However, a minority parent with a lesser income is not required to pay as much towards the children’s expenses as the majority parent with a greater income. The equation can change in a shared parenting agreement, which Illinois defines as each parent having at least 146 days with the children during the year. There are also situations in which a parent can request a modification of the child support payment. 

How Does Remarriage Tie In?

Illinois allows a parent to petition to modify child support when there is a change of circumstances that affects either:

...

Arlington Heights, IL child support lawyer

When going through a divorce with children, setting up child support payments are an important facet for most divorcing couples. This is often legally required to try and balance the parental responsibilities and expenses of both parents. There is no set algorithm used by judges, however, there are a variety of factors that consistently play a role in determining child support. 

What is Considered in Child Support Calculation?

The first part that is considered, aside from a parent’s finances, is the amount of time being spent with the child. Most parents share custody but do not equally divide their child’s time between one another. This can be too difficult on the child and the parents since a consistent schedule is important for a child’s success. As a result, judges have the parent who spends less time physically caring for the child to pay a set sum to compensate for the disparity.

...

DuPage County Child Support Lawyer

Child support payments are among the most important elements that must be determined for most couples as they begin the divorce process. While many people associate child support with divorce, parents who share a child but are not legally married may seek or be required to pay child support.

Although child support payments are typically determined through the court, some families decide to settle their payments through a mutual agreement. According to 2016 data released by the U.S. Census Bureau, 89.9 percent of custodial single parents have formal agreements through the court, which means only a small percentage of parents maintain an informal agreement. 

...

Posted on in Child Support

Lombard family law attorneysUntil just a few months ago, Illinois courts calculated child support as a percentage of the income of the parent with fewer parental responsibilities—referred to in the past as the non-custodial parent. Since July 1, 2017, however, a new law has brought child support guidelines in Illinois up to date with modern trends and started improving the lives of all parties involved.

The Old Child Support Law

The previous law in Illinois has long been criticized for being inequitable, with not enough potential exemptions taken into account, and an alleged unfair burden on the non-custodial parent. Under the old guidelines, there were two primary factors in determining the amount of support to be paid: the income of the non-custodial parent and the number of children to be supported.

...

Posted on in Child Support

Lombard family law attorneysIf your income has declined in recent months due to a change in employment or other factors, you may be struggling to make your court-ordered child support or spousal maintenance payments. You may also be wondering if there is anything you can do about it. Can you go to the judge and have your child support and maintenance payments modified accordingly?

Changing these, and other, financial provisions in a divorce is possible under Section 510 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Any party to the case can ask the court to modify the existing order if there has been a “substantial change in circumstances.” The statute lists a number of specific factors, as well as the general inclusion of “any other factor that the court expressly finds to be just and equitable,” for the court to take into account.

Change in Income

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top