Legal Question in Family Law in Illinois

Child support/New Wife

Is my salary considered in my husbands child support payments to his ex? He and I were not married when the original amount of child support was determined, now she is taking him back to court. I make more money than him, she wants part of my paycheck too.


Asked on 4/26/07, 12:03 pm

2 Answers from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: Child support/New Wife

No. The only time your income can be considered is under the section 513 support stuff related to college contribution. I'd be curious to see the former wife's argument.

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Answered on 4/26/07, 12:15 pm
Amil Alkass LAVELLE LAW, LTD

Re: Child support/New Wife

This communication and response is not intended as and should not be construed or understood to be legal advice. The response stated below is intended solely as a general discussion and/or forum of legal principles. You should not rely on or take action based on this response without first presenting ALL relevant details and facts to a competent attorney in your jurisdiction and then receiving that attorney's individualized advice for you. By reading the response or reply to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. DO NOT READ ANY FURTHER IF YOU DO NOT AGREE.

Generally, a subsequent spouse's income is not included in the obligor's net income for determining child support. The new spouse has no legal obligation to contribute to the financial support of the child and thus only the obligor's "net income" is reviewed.

Hope this helps. Good luck.

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Answered on 4/26/07, 1:08 pm


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