Child support and remarriage

On behalf of Stange Law Firm, PC posted in Child Support on Wednesday, March 22, 2017.

Many individuals choose to marry again after they have divorced. Illinois parents who have decided to get remarried to a new spouse and are currently receiving or paying child support should be aware of how the new marriage may impact child support payments.

The custodial parent should still receive payments, regardless of his or her decision to remarry, as providing financial support for a child is the responsibility of the child’s birth parents. If the new spouse of the custodial parent wants to legally adopt his or her children, it will be necessary to have the non-custodial parent surrender his or her parental rights. If the remarriage of the custodial parent results in an improved financial situation, instead of opting to stop child support payments, he or she should consider placing the funds in a savings account for the children’s education.

Non-custodial parents should continue to make their child support payments on time whether or not the custodial parent and the new spouse have a higher standard of living. If the non-custodial parent remarries, he or she will not have to pay more child support based on combined incomes because the financial support of the pre-existing children is the not the legal responsibility of a new spouse. If the non-custodial parent and his or her new spouse have children of their own, the courts may consider modifications to the child support order only if it can be verified that the household expenses have significantly increased or the non-custodial parent’s income has drastically decreased.

Individuals who have unresolved child support issues should consult with a family law attorney. The attorney may advise of which legal avenues to pursue to collect delinquent payments or to change a current child support order.

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