We live in Illinois and the non custodial parent moved out of state and remarried. We are trying to modify the child support order.
2007-02-23 04:45:45 · 19 answers · asked by ima_colts_fan18 2 in Family & Relationships ➔ Marriage & Divorce
It blows my mind that people assume that it is a man who is not paying support. This is a mom who dumped her responsibilities to move out of state and start a new family. She met a guy on the internet and moved 700 miles away. He owns his own business which she works for and does not claim that as income.
2007-02-23 06:13:23 · update #1
Each state has its own fmaily laws. The state where the parent that would be paying would be the state whose lawas are followed. Below are links.
What she is doing is illegal (the income part.) ALSO alomst every state has a law that says she cant move more than 100ish miles away WITHOUT a court order or his WRITTEN consent.
Contact a lawyer is my best recommendation.
2007-02-23 12:49:19 · answer #1 · answered by Jennifer Anne 4 · 0⤊ 0⤋
no the non custodial parent can be married to Donald Trump and the support would not change unless they made more money . sorry however the order can be modified every 3 years for the cost of living in most states . you should look up the website and they should have a calculator on the web site . they should also have other laws and things that may help you decide if it is worth going back to court for . hope that helps you .
2007-02-23 06:02:17 · answer #2 · answered by <3 4 · 0⤊ 0⤋
My friend is living with a man who does not have custody of his two children who live with the ex-wife in Illinois. The courts, or whoever, actually figure in a portion of his live-ins salary into his payments. That is why they won't get married because they would then add her total salary in with his. He also changed jobs where he is now making a lot less but he still has be pay the ex alimony based on his previous pay because it was his decision to change jobs. This is Illinois law, not other states. He paid her direct for the kid's life insurance, which she spent on things for herself. When he started paying the life insurance direct to the insurance agent, who was nice enough to call and tell him that the insurance was not being paid, she took him to court because he stopped sending her the money. So he had to spend money to fly there and defend himself. The courts there seem to be pro-ex-wife no matter what and that's wrong.
2007-02-23 05:12:01 · answer #3 · answered by lilith663 6 · 0⤊ 0⤋
this is an interesting question or should i say questions :o) should you be responsible to send money to their other kids? depends on what you are refereeing to. if it is your own kid and they are still living in a parents home under the age of 18, then absolutely. If they are going to collage and live alone then i fell as if their should be some restrictions to the money. such as the money should only be used towards books and classes. All other expenses should be provided by the child. ( i honestly do not see why they could not work to pay for their own housing) when you get married you and your spouse's incomes are automatically considered no matter what you say? I do not think that the step parent should have anything to do with the child support. I can see the step parent helping in other ways but their income should not be considered because technically they are not physically responsible for their step children. >> Don't get me wrong. I have a step child who i consider my own but i do not fell that my income should go towards his child support. I help in other ways. buying cloths shoes hair cuts school supplies etc. My husband is the step parent to my two children who live in our home and when he went to decide the child support for his one child who does not live in our home they told him he could not claim my two children as his because he is not responsible even though they are in the process of being adopted by him. your spouse have the right to spend their money on what they want and give so much to the bills? My husband and i are a team my money is his and his money is mine. all big money decisions are made through compromise between the two of us. I think that when you are married this is how it should be or you will always be arguing on what the other person spent their money on.
2016-05-24 02:38:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I live in WI. It is against the law to include the new spouse's income to determine child support. You can always check your state's child support website.
Here is an Illinois' lawyers website link with FAQ's regarding this topic:
http://www.divorce-lawyers-chicago.com/child_support_frequently_asked.php
P.S. Court clerks can NOT give out legal advice, so don't bother asking them.
2007-02-23 06:01:56 · answer #5 · answered by MS 1 · 0⤊ 0⤋
It depends on state you're in. My husband was a non-custodial that moved out of state and his ex sought to modify the order. They recalculated the support based on his new income but could not consider mine. You should talk to your attorney and find out what the laws are for your state.
2007-02-23 04:51:18 · answer #6 · answered by Le_Roche 6 · 1⤊ 0⤋
In California child support is determined by HOUSEHOLD income, all incomes contributing to the household. When my son's father remarried, the court recalculated my child support because his income DOUBLED when combined with her's. Good luck and play fair
2007-02-23 05:57:32 · answer #7 · answered by mariasonawire 6 · 0⤊ 0⤋
That depends on the particular state's laws on child support, contact an attorney, or your local family court clerk.
2007-02-23 04:49:39 · answer #8 · answered by Steel 3 · 0⤊ 1⤋
Generally speaking, no. The new spouse has no obligation to support the child.
2007-02-23 05:54:44 · answer #9 · answered by kp 7 · 0⤊ 0⤋
NO. The only people who have an obligation of any kind to the children in question are the biological parents, or the adoptive parents if they have legal guardianship.
2007-02-23 04:49:46 · answer #10 · answered by hjfr27 3 · 2⤊ 0⤋