Can I go after my ex-husband's new wife for child support in Illinois?

Asked by: Prof. Eli O'Conner Sr.  |  Last update: February 13, 2025
Score: 4.9/5 (60 votes)

Courts can consider a new spouse's income if it frees up funds for the parent to pay child support or maintenance. However, the new spouse is not legally responsible for the stepchildren's support.

Can I go after my ex-husband's new wife for child support?

Your new spouse's income may not be garnished by your ex to satisfy your outstanding child support amount.

Can I go after my ex-husband's new wife's income for more child support in Illinois?

You cannot use the income of a spouse or significant other in the calculation of child support (Family Code 4057.5) or spousal support (Family Code 4323). Your income can not be used. Your income will have an impact of your husband's take home pay that is used to calculate support as it effects his tax status.

Does my new wife's income count for child support?

Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.

Does my ex-husband's new wife have rights to my child?

Generally speaking, a recently new relationship doesn't hold much bearing on the existing child custody arrangement, unless the new partner is determined to somehow be a danger to the child's wellbeing.

Child support - & your new spouse

36 related questions found

Can my ex-wife take money from my new wife?

If you have a joint bank account with your new partner, your ex may be able to claim funds from it to cover your missed payments. Generally, if you keep your income and assets separate from your new partner, they are safe from your spousal support payments and legal obligations.

Can I stop my ex's new wife from seeing my child?

To a large extent, you may be unable to control who your ex sees or who sees your kids. However, when the other parent has custody, you may be able to control or limit who sees your child either by establishing a formal agreement or court order.

Does stepparent income affect child support?

The income of a stepparent is rarely considered when calculating child support payments. California's legislation has a complex formula for deciding the amount of child support to be paid. It evaluates each parent's revenue, the time spent with the child by each of them, and their possible tax write-offs.

How do I protect myself from my husband's child support?

Child support cannot touch your income if you keep it separate from his. Put your income in a separate bank account, and it is yours. Do not use a joint bank account. This will protect you.

Does remarriage affect child custody?

Remarriage doesn't automatically lead to a new or revised custody arrangement. For the court to reevaluate an existing custody agreement, they must see a material change. This means a radical and permanent alteration in circumstances that directly affects the wellbeing of the children.

Can I go after my ex husband's new wife's income for more child support in New York?

If a remarried parent experiences a significant change in their financial circumstances due to their new spouse's income, it may be possible to request a modification of the child support order. The court will consider whether the change in circumstances is substantial and warrants a modification.

Can I go after my ex husband's new wife's income for more child support in Florida?

In general, a new spouse's income has no bearing on a child support obligation. It simply is not an input into a child support calculation formula. If a spouse gets remarried that pays child support, which is very common, the new spouse's income will not be considered.

When you get married, does your child support change?

In California, there is rarely any change in a child support arrangement when either parent remarries, since the guiding philosophy is that both biological parents carry an obligation to care for the needs of their child.

Does a new partner affect child support UK?

Having a new partner does not affect the payment of child support and it is not grounds for reducing or stopping child maintenance payments.

Can I go after my ex-husband's new wife for alimony?

As a general rule, the new spouse is not directly liable for the other spouse's alimony. The alimony may be indirectly affected by the household income the new spouse brings to the union, but the new spouse is not responsible for paying the existing alimony obligation.

What happens if you marry someone who owes child support?

The father is responsible for child support. If he married you, he is still responsible for child support. If he doesn't pay, they can take his license, arrest him, garnish his salary, intercept his tax return and enter a judgment against him.

How can a man put a woman on child support?

Each parent has a financial role to play. This means that either parent can initiate the child support process. If the father is awarded primary custody he can arrange for the state to request child support from the mother.

Can my husband's back child support affect me?

For back child support incurred after the marriage, it is possible you will also be considered an eligible party for child support obligations. In this case, depending on the jurisdiction, your wages may be subject to garnishment.

How can I avoid child support UK?

You have a gross weekly income of under £7 per week (in which case no maintenance is payable) You have a gross weekly income of between £100.01 and £199.99 per week (in which case a reduced rate of maintenance is payable) You have no means to pay (i.e. if you are unemployed) You become insolvent or bankrupt.

What is the biggest factor in calculating child support?

5 Factors Determining How Much Child Support You Will Receive
  • Your Former Spouse's Gross Income. A judge isn't going to require someone to pay more child support than he or she can afford. ...
  • Your Current Gross Income. ...
  • The Number of Children You Have. ...
  • The Needs of the Children. ...
  • The Child Custody Arrangement.

Are you financially responsible for stepchildren?

“Stepparents do not have an obligation to pay child support except in extreme circumstances like custody changes where the stepparent becomes a virtual parent who takes on the obligations of a parent and then later becomes only a visiting parent, for example,” Kessler adds.

Does child support go down if the mother has another baby?

In the State of California, if a parent who pays child support has other children with another person, they cannot ask the court to reduce previously ordered child support to support his new children. For example, after David and Linda divorce, David is ordered to pay child support for the couple's minor child.

Do I have a right to know who my ex brings around my child?

You may be wondering if you have the right to know who your ex is bringing around your child. In general, no. The other parent can decide who is around your child when they have custody without your input. You typically cannot tell your ex that they need to prohibit certain people from hanging around your child.

What looks bad in a custody battle?

Bad-mouthing your ex-spouse or engaging in verbal or physical altercations with them in front of a judge looks bad. If your children are present, it looks even worse. Judges understand that tempers run high during custody cases, but lack of self-control will not reflect favorably.

Does having a girlfriend affect custody?

Typically, living with a new girlfriend or new boyfriend does not cause a parent to lose custody by itself. However, courts consider how each parent's living situation affects the child and may not award custody to a parent if living with their partner puts the child at risk.