If my ex-husband remarries will it increase my child support? I live in Joliet, Illinois.
By Diane from Joliet, IL
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No. The child support is determined by the court, based on his earnings. If he married a woman with a million dollars his support will stay the same.
Unless she happens to be wildly wealthy beyond imagination her income will not be counted in Illinois. Be careful about even going down the slippery slope of trying for an increase when he remarries because, depending on whether you get any kind of state or federal assistance (including food) for you and/or your children or you have a boyfriend or fiance, his payments can actually be reduced.
If you were counting on income from his new wife, if she is working, as far as I know child support is only figured on the absent parent's income. They don't hold a new spouse's income as being eligible to support the husband/wife's kids from a previous relationship.
I don't agree with you Deeli. Child support is based only on the biological parents income, so nothing a new spouse makes is figured into the amount of child support to be paid. If she does get state assistance the amount she receives is based on her income and the amount of her child support, not the other way around. The only thing that would change is if her ex is behind on his child support she will get his tax refunds from so if his new wife works and they file taxes together neither one of them will get a refund because it will go to her for the back child support.
So if the new wife wants a refund on her income she will need to file separate from the husband. I have been going through this for the last 10 years with my little boy and this is how it has always worked for me on my case.
It's okay to disagree Ninny123, however, it does depend on what state you are in. What I wrote here is based on the experience of what two life long friends went through when their children were young and the assorted Illinois child support laws and case examples I investigated yesterday.
I doubt VERY much that an exhusband's remarrying would effect your child support any way. He is still the father of the children. I would not expect his new wife to support my children.
Good luck
This has been a huge topic here lately. My BF and I have been talking about marriage. He is divorced and pays support for 3 kids. His ex-wife is remarried and she requested an increase in support. We agreed by law for % she was clearly entitled, but I know her and she won't stop there. She quit her job again because she doesn't want to work. While we are not married, her and her lawyer tried to get my income included as part of the increase because they were not happy with over 700.00 a month increase.
I am so glad I have kept all of my things separate during our dating including accounts because we found out in IL as long as you share an account your money is his money. :-/ That is funny because no matter the thousands I have spent on their kids they will never be my kids, so tell me why I should pay her while I already use my money to buy them clothes, toys, books, beds and more because he was left with nothing for them and tons of debt!
When she filled out her paperwork she put all of the bills, mortgage, and her husbands fuel to go back and forth to work since she clearly doesn't work we know she can't be going through $500 a month, a car payment when they don't have one and not one area did she include her husbands income. While at court her lawyer even made a comment about my income! I have my own bills, my own accounts, my own outstanding student loans and nothing in my name because it is his and we are not married.
How can someone get away with using a mortgage when his name is on the house and clearly she quit her job a couple weeks before court..which also brings me to the fact she filed 2 months before court yet her financial paperwork was dated for the month on court after his was submitted.
I will be doing my research, but if anyone has any advice or knows the laws please comment I would greatly appreciate it.
So if you get married doe your ex not have to pay as much. Same standard right you think the new wife will have to help pay. So if you get married your new husband helps and lowers it for ex!
In Georgia, I was told that my child support wouldn't change up or down because my kids by her were here FIRST and the kid by my second marriage didn't matter. That was told to me by the COURT. again every state is different. just my 2 cents worth
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