Omaha, NE asked in Family Law and Child Support for Illinois

Q: When we get married can my fiance's exs lay claim to my income for child support?

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2 Lawyer Answers
Jason L Traub
Jason L Traub
Answered

A: As most answers go in the law: "It depends."

In most cases - no - the court will consider only the parent's income when establishing the individual child support obligation for that parent; it will not take into account how much their fiance/new spouse earns.

However, if your fiance's ex makes barely enough to provide for the child's needs even after child support/contribution to expenses, and your fiance also makes very little (and therefore is only required to pay a low child support amount), the court MAY, at it's discretion (and being brought by a half-decent attorney), find that your fiance's HOUSEHOLD income should be used to calculate his income - thus, your income and his would be counted as his income for child support calculation purposes with his ex...

Example:

Husband leaves wife for rich cougar.

Wife keeps child and husband must pay child support.

Wife makes little money, and husband is a deadbeat with no job.

Court MAY say, "Hey - Husband.. we are taking into account your rich, older cougar's income, because just as YOU benefit from her prosperity, so too shall your child!"

Court order husbands income to be his income of $0 + Cougar's income, and Wife gets a big boost to her child support.

Jason L Traub
Jason L Traub
Answered

A: As most answers go in the law: "It depends."

In most cases - no - the court will consider only the parent's income when establishing the individual child support obligation for that parent; it will not take into account how much their fiance/new spouse earns.

However, if your fiance's ex makes barely enough to provide for the child's needs even after child support/contribution to expenses, and your fiance also makes very little (and therefore is only required to pay a low child support amount), the court MAY, at it's discretion (and being brought by a half-decent attorney), find that your fiance's HOUSEHOLD income should be used to calculate his income - thus, your income and his would be counted as his income for child support calculation purposes with his ex...

Example:

Husband leaves wife for rich cougar.

Wife keeps child and husband must pay child support.

Wife makes little money, and husband is a deadbeat with no job.

Court MAY say, "Hey - Husband.. we are taking into account your rich, older cougar's income, because just as YOU benefit from her prosperity, so too shall your child!"

Court orders husband's income to be his income of $0 + Cougar's income, and Wife gets a big boost to her child support.

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