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:
- How much a parent is able to contribute towards child support; or
- The cost of the children’s expenses.
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 new spouse is not legally obligated to pay for the child, and remarriage does not affect the other parent’s rights and responsibilities. The minority parent does have the right to change the original agreement if they see the payment amount to be unfair after the marriage. Though the majority parent’s income has not changed, their new spouse’s income will reduce their other expenses and leave them more disposable income. While the minority parent will still have some level of payment to make, it may be reduced based upon the majority parent’s new financial situation.
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.
Call a DuPage County Child Support Lawyer
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. At A. Traub & Associates, we understand that child support payment amounts may not be fair given your circumstances, which is why we help protect your rights while looking out for your child’s needs. If you believe that your child support needs to be modified, contact our Lombard, IL, child support attorneys at 630-426-0196 for legal help.