At the moment an Illinois divorce is registered, the final court documents capture a moment in time. A moment where both parties are unmarried…but they won’t be for long. People who get divorced usually get married again. A remarriage means an entangling of a spouse’s finances with their new spouse. How does a new spouse’s income affect maintenance, child support and other matters after an Illinois divorce? Initially, a Marital Settlement Agreement and an Allocation of Parenting Time and Parental Responsibilities will govern the divorced couple. As time passes, either couple may petition for a modification of the terms of either of those two documents. Division of assets will have been finalized in the initial divorce documents so the only thing to modify is the remaining child support and maintenance (formerly known as alimony) provisions. “[T]he provisions of any judgment respecting maintenance or support may be modified only as to installments accruing subsequent to due notice by the moving party of the filing of the motion for modification.” 750 ILCS 5/510(a) A modification of support shall only be made“upon a showing of a substantial change in circumstances” 750 ILCS 5/510(a)(1) Is A New Spouse A Substantial Change In Circumstances For Purposes of Support Modification In Illinois? A remarriage of either parent will probably qualify as a substantial change in circumstances and thus allow the Illinois divorce court to consider a modification of support. “To determine whether there has been a substantial change in circumstances, the court should take a holistic view of the parent’s financial position and consider all financial resources, including assets and even the financial status of a new spouse.” Verhines, 2018 IL App (2d) 171034 ¶ 81 A New Spouse’s Income And Child Support In Illinois In Illinois child support is calculated using both parent’s incomes. “Computation of basic child support obligation. The court shall compute the basic child support obligation by taking the following steps: (A) determine each parent’s monthly net income; (B) add the parents’ monthly net incomes together to determine the combined monthly net income of the parents; (C) select the corresponding appropriate amount from the schedule of basic child support obligations based on the parties’ combined monthly net income and number of children of the parties; and (D) calculate each parent’s percentage share of the basic child support obligation.” 750 ILCS 5050(a)(1.5) So, either parent having a new spouse would be additional income into that household and, […]
from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/a-new-spouses-income-after-an-illinois-divorce/
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