Legal Question in Family Law in Illinois
I have a child from a previous relationship and currently pay support.
I have been married to my wife now for 2 years and we have a 2 year old together. I am the only one employed and support them both financially as Well as my step child (her dad is non existant) and she gets nothing.
My question is when I go in to get my child support payments modified will having 3 dependents that required my support matter in the re-evaluation?
2 Answers from Attorneys
Probably not. The 20% of net aftertax income is a fixed minimum. In the past, the courts have said that you should have taken your obligation to your first child into consideration before you had a second child. You have no obligation to support your step-child and that child will not be considered in determining your support obligation. Your wife needs to go back to work if she can and contact child support enforcement to go after the child's father for support.
I agree with the previous response. Each parent is responsible for their own child--meaning you are financially responsible for your child and your step child's parents are financially responsible for your step-child. Anything you provide to your step-child is a gift not an obligation.
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