Legal Question in Family Law in Illinois
child support
I recently married my husband who is divorced from this woman and they have 2 children. He voluntarily pays her 25% of his income monthly. She was advised that her children have a right to my income as well as my husbands. She's asking my husband to send more child support because of my income and she says that she could legally obtain in through Illinois laws. Is this true?
2 Answers from Attorneys
Re: child support
No, she is not entitled to a penny of your income (even though your husband might be required to show how your income supports him, and if it does, it could require him to pay a higher percentage of his own income to his ex). Generally, the 25% of his own income that he pays is all that he�d be required to pay, unless the amount of money he gets from you is substantial. Think of it this way, if he changed jobs so that all he earned was $100 per week (thereby reducing support to $25 per week), but he lived in a house and environ where $10,000 per week from you was spent to support him, the court could not ignore the obvious (i.e., that he gets income from his spouse).
Don�t become involved in her claims that the law says this or the law says that.
Re: child support
Let her try to get it legally through the courts if that is what she wants - the law does not support her version of this.