Subscribe to this list via RSS Blog posts tagged in remarriage

IL family lawyerWhen a couple gets divorced, one of the parties may be subject to a child support or spousal support order. These court orders are legally-binding and must be obeyed. However, there are situations that can change child support and spousal support orders. One of these situations is the remarriage of either spouse. If you are divorced and your or your spouse is getting remarried, it is important to know how the remarriage could affect child support and spousal maintenance.

Spousal Maintenance Terminates Upon the Recipient’s Remarriage

Spousal maintenance, also referred to as spousal support or alimony, is intended to provide financial aid to a spouse who suffers financial harm due to divorce. Some spousal maintenance obligations are temporary while others are indefinite. If the recipient of spousal support gets remarried, his or her entitlement to maintenance payments automatically terminates. If the paying spouse made payments after the remarriage, he or she is entitled to reimbursement for those payments.

If the payor of spousal support gets remarried, there is no automatic impact on his or her spousal maintenance obligation. However, it is possible that the payor’s remarriage could influence spousal maintenance modifications.

Child Support and Remarriage of Either Spouse

Although child support payments are made to the child’s parent, the money is intended to support the child. Because of this, a child support recipient’s remarriage does not necessarily influence the paying spouse’s child support obligation. A stepparent is not required to help support his or her stepchild. However, there have been cases in which a parent’s child support obligation was affected by the recipient’s remarriage. In one case, the Illinois Appellate Court stated that trial courts may consider the income of a parent’s spouse when determining an appropriate child support award. This means that a recipient spouse’s remarriage could potentially influence the paying spouse’s obligation. If the paying spouse or “obligor” gets remarried, this is unlikely to have an impact on his or her child support obligation.

Contact a St. Charles Divorce Lawyer

The way that Illinois laws are interpreted is constantly changing. If you have questions or concerns about divorce, child support, spousal maintenance, or other family law issues, it is important to work with an attorney who is familiar with the ever-changing landscape of Illinois family law. For dependable legal support regarding a range of family law matters, contact an accomplished Kane County family law attorney from Shaw Family Law, P.C. Call 630-584-5550 for a free consultation.

...

IL divorce lawyerMost people assume that once a divorce has been finalized, the spouses’ actions can no longer influence the terms of the divorce. However, this is not the case when it comes to issues such as child support and spousal support. If you plan to remarry, you should know that your remarriage could influence the terms of your divorce decree. However, the ways in which remarriage impact divorce issues can vary case by case.

Spousal Support Terminates Upon Remarriage

If you are receiving spousal maintenance, also called spousal support or alimony, you will most likely no longer receive payments once you have remarried. As per Illinois law, a spousal maintenance recipient’s remarriage results in an immediate termination of the other spouse’s maintenance obligation. You should also know that a paying spouse may file a motion to terminate spousal support if the recipient spouse is living with a romantic partner on a “resident, continuing, conjugal basis.” This means that you may lose your spousal support if you are living with a boyfriend or girlfriend – even if you decide not to formalize the relationship through marriage. The only exception to these rules is if you and your ex-spouse had agreed to a different spousal maintenance arrangement in a valid marital agreement such as a prenuptial agreement.

Child Support Payments May Be Impacted by Remarriage

The way remarriage affects child support is not as straightforward as the way remarriage typically affects spousal maintenance. The Illinois Appellate Court has stated that courts may “equitably consider the income of a parent's current spouse” when deciding an appropriate child support order. If you are currently receiving child support from your ex-spouse it is very possible that your new spouse’s income will influence the amount you receive in child support. Child support obligations in Illinois are calculated using each parent’s net income. Although your new spouse’s income is not directly included during child support calculations, it is likely that your spouse’s financial support will impact your overall financial situation. For example, you and your new spouse may decide to share responsibility for monthly bills like rent, utilities, and groceries. This means that your expenses will likely be lower once you remarry than they were before you had this support. Consequently, you may be entitled to less in child support.

Contact a St. Charles Child Support Lawyer

Family law concerns like child support and spousal maintenance can often be complex. For help, contact a skilled Kane County family law attorney from Shaw Family Law, P.C. Call our office today at 630-584-5550 and schedule a confidential consultation.

 

...

Recent Blog Posts

Categories

Archives

Contact Us

How Can We Help?

NOTE: Fields with a * indicate a required field.
*
*
*
*
AVVO LL BV