Child Support and Remarriage

 Posted on July 16, 2015 in Child Support

Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.

Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."

Specifically, the court decided “it was appropriate to consider all of the financial resources available to both parents in determining whether they could meet their individual financial needs and still comply with the court's order for contribution towards their child’s educational expenses.” Hence, this decision “opened the door to consider a new spouse's income when calculating the basic child support obligation.” Courts are still required to “consider both the guidelines and any other factors that might support a potential deviation from guidelines.” These include:

• A new child or additional children;
• One’s ability to support oneself;
• The financial ability to contribute to health insurance costs and uninsured health expenses; and
• The financial ability to contribute to daycare expenses.

Filing for child support can both confusing and frustrating. However, a child support attorney can help and explain child support payments and qualifications, as well as various child support guidelines that must be followed. If you or someone you know seeks legal advice regarding child support payments, contact an experienced DuPage County divorce attorney today.