We were asked the following question on our Learn About Law Youtube Channel:
Q: My ex does not work but her husband makes twice what I make. Under the new law will they take his income into consideration?
A: If you are obligated to pay child support and your ex-spouse gets remarried, this will typically not have an have an effect on your child support obligations. This is because child support payments are intended to provide for your child, not your ex-spouse. Even if your ex-spouse is living in luxury her new husband will not have any legal obligation to support the child.
This will not change under the new child support laws set to go into effect on July 1, 2017. Under the new law, the income of both parents is taken into account to determine each parent's share of a combined child support obligation. In this case, if your ex-spouse is voluntarily unemployed or under-employed, the court will look at her potential income if she did seek employment, rather than her actual income. The court will still not take into account her husband's income.
However, if your parental rights are terminated and your ex-spouse's new husband adopts your child, this will serve to terminate your child support obligations after the date of adoption. In this scenario, you would still be responsible for paying any arrears.
For an overview of Illinois child support law, check out our article: Illinois Child Support 2019.
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