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How Is Child Support Calculated During a Second Divorce in Illinois?

Posted on in Divorce

Kane County family law attorneysA divorce under the best circumstances still has its challenges. When parents split up and are no longer married, they are still responsible for supporting their children, both emotionally and financially. This is why child support orders are included in a final divorce decree. In Illinois, basic support payments are calculated according to the Income Shares model. This approach takes the combined net income of both parents into consideration when determining the amount each spouse is obligated to pay. However, what happens when a parent remarries, has more children, and gets divorced for a second time? Will the child support order for a second divorce be the same as the first divorce? It is helpful to seek professional legal counsel to find out how multiple marriages and children affect this type of financial support. 

Income Shares Model 

Once a couple has finalized their divorce, it is common for one spouse to pay child support, spousal maintenance, or both in some cases. Illinois law provides guidelines for determining this financial support. Remarriage can have an effect on the duration and amount of child support payments made to the custodial parent, which is the parent with the majority of the parental responsibilities

In 2017, Illinois changed its child support law to use the Income Shares model when calculating payment amounts. Previously, the number of children involved and only the obligor parent’s income were taken into consideration when determining a support order. 

Remarriage and Children

Some people choose to remarry after a first marriage, and depending on the ages of the spouses, this second union may produce children. If one partner is already paying child support from his or her first marriage, it is important to understand that calculations are based on net income versus gross income. 

Net income refers to the gross income after taxes and other deductions or expenses (income tax or health insurance) are subtracted. Another item that is deducted from gross income to come up with the net income figure when determining child support is any prior obligation of child support actually paid following a court order.   

In situations where one parent has multiple child support obligations, the timing of when the court enters each child support order is critical. In other words, if a parent requests child support from a parent with an existing child support order in place, that parent’s net income will be lowered by the amount of the previous child support obligation.

For instance, if a parent’s net income is $120,000 and he or she is obligated to pay 10 percent of this income to his or her ex from the first marriage, the annual payment would be $12,000. After a second divorce, he or she may again be ordered to pay 10 percent to the subsequent ex-spouse. However, his or her net income will be reduced by $12,000, the amount already being paid to the first ex-spouse. Therefore, the second support payment will be lower than the first. 

It is important to note that for a parent with multiple child support obligations in different states, each state’s particular laws will determine the amount awarded. Nonetheless, each state still recognizes prior out-of-state support obligations first when calculating net income.

Contact a Barrington Divorce Attorney

Child support orders are an integral part of the divorce settlement. In many cases, these payments are necessary to cover child-rearing expenses. If you are considering a second divorce and have questions or concerns about any child-related issues, it is important to speak to a qualified Elgin child support lawyer. Whether you are the paying parent or the receiving parent, the Law Offices of Benedict Schwarz, II P.C. will assist you in determining child support payments. Call us today at 630-200-4882 to schedule your free consultation. 

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

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