Legal Question in Family Law in Illinois
settled my divorce 5 years ago with a shared 50/50 custody (I am the residential parent) and I didn't force any child support at the time (we settled a child custody case and he was unemployed at the time). I am now unemployed and have been trying for over a year to get a support modification. He contends that since i am remarried and my new husband is making a very good income i don't have to work and therefore, my husband can provide for all us.
My ex has a successful business he started and has been earning over $130k/yr. He refuses to pay any support and has only been paying 1/2 the expenses.
Does my current husbands income matter or should i continue to pursue support? i will most likely have to go to trial to get anything.
1 Answer from Attorneys
Current husband's income is not relevant except to the extent that it frees up your income. Your ex is obligated to provide support and you are entitled to an increase. Keep after it but be sure you hire an attorney.
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