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.
2 Answers from Attorneys
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.
Re: Child support/New Wife
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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.