Legal Question in Family Law in Illinois
Please Help Settle a Dispute....My sister is in love with a guy who has been married 2x he has 2 kids by the first wife and 1 by the 2nd wife. My sister is a pharmacist she makes very good money and she has no kids. She makes at least double what he makes, His checks are pretty much taken up by child support. He is barely making it financially. My sister expressed that she wants to marry him, this will be her first marriage and his 3rd.
If she marries this guy , Can his Ex - Wives take her to court for child support? I am worried for my sister and she seems to think this is not possible. Maybe if she sees a lawyer's response she will believe me. So with her income + his income if they marry, Is she Legally and Financially responsible for his 3 children by other women?
Please Advise...Thanks In Advance For Your Time :)
2 Answers from Attorneys
Well, technically, her income may not be attached for any previous child support obligations. However, if she were to marry, her contirbutions to the common expenses could be "imputed" to his income. This means that his income would be considered to increase due to the fact that he is receiving an outside contribution to bills he would normally be paying. So, in the long run this may have an overall effect on the household income based on a potential change in his support obligation. This is a very detail oriented part of family law and I suggest that she consult an attorney to discuss the specifics of the situation.
The simple solution to this problem is to have the couple get a pre-nup. Then the ex cannot go after the new wife's income and assets.
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