How Does Getting Remarried Change Spousal and Child Support Payments?

Posted on in Child Support

IL divorce lawyerYour previous marriage is behind you and you have moved on with your life after divorce. In fact, you have even met someone new, and are considering getting remarried. Thinking about your former spouse is probably the last thing you want to do in this situation, but your remarriage can have a substantial impact on your divorce agreement and future arrangements with your ex.

Understanding how a new marriage may affect spousal support and child support is an important part of getting remarried because the changes could impact not only you but your future spouse as well.

How Does Remarriage Affect Spousal Support in Illinois?

For the recipient of spousal support, getting remarried terminates the right to receive payments. However, many recipients of spousal support know this and will attempt to delay or avoid getting remarried in order to continue receiving spousal support. Illinois law disfavors this strategy and dictates that spousal support terminates when the recipient spouse begins cohabitating with a new partner. The recipient is required by law to immediately notify their former spouse of their remarriage or cohabitation.

The payer of spousal support, however, must continue paying spousal support even if he or she gets remarried. To stop or lower the spousal support payments, he or she must prove to the court that there has been a substantial change in their circumstances that justifies modification.

How Does Remarriage Affect Child Support in Illinois?

When making child support payment calculations, Illinois judges will consider the financial resources available to both parents. Remarriage can therefore impact child support payments in either direction. If a parent marries someone with no children and considerable financial resources, a court may take the view that because the parent’s overall financial picture has improved, the child support payments will increase as well.

But if a parent remarries and their new spouse has children, the parent’s available financial resources may go down as they take on the responsibility of caring for the new spouse and their children. In this case, child support payments may be lowered.

Meet with a Wheaton, IL Support Modification Attorney

Getting remarried can impact you and your former spouse in a number of unexpected ways. If you or your ex-spouse are getting remarried, consider meeting with an experienced DuPage County support modification attorney with Andrew Cores Family Law Group who can counsel you through the process and help you anticipate possible changes. Contact our office today and schedule a free consultation. Call us at 630-871-1002.

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

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