Will a New Partner Affect Support Payments After an Illinois Divorce?

 Posted on March 30, 2020 in Post-Decree Matters

A common fear that many divorced persons have is of now being alone forever. In some cases, this fear can cause a person to stay in a marriage much longer than they would like. However, contrary to popular belief, those who get divorced will not necessarily remain single for the rest of their lives. In fact, many divorcees take the lessons that they learned in their first marriage and put those towards a healthier and more mature relationship in the future. For some, this may mean a second marriage, while others may prefer to avoid saying “I do” a second time. Regardless of the status of your relationship, it is important to understand how bringing a new partner into your life may result in changes to your divorce agreement. 

Child Support Payments

Parents’ child support obligations are determined using a number of factors. The court will compare the amount of time that the child spends with each parent and see who will be the primary caregiver or custodial parent moving forward. The non-custodial parent is typically responsible for making child support payments to the custodial parent to ensure that children’s ongoing needs are met. In most cases, the non-custodial parent will continue to pay child support regardless of whether either parent gets remarried. 

However, a parent may ask for an adjustment to the amount of child support if they have experienced a change in circumstances. For example, If the non-custodial parent remarries and will be contributing toward the support of step-children, he or she may ask for child support payments to be lowered. On the other hand, if the custodial parent remarries, and this results in a change in his or her household finances, child support may also be adjusted at the court’s discretion.

Spousal Maintenance Payments

Following divorce, spousal support payments may change upon an ex-spouse’s remarriage or cohabitation. According to Illinois law, spousal maintenance will be terminated when the recipient gets remarried. It may also be terminated if the recipient begins cohabiting with a new partner in a manner similar to marriage. If the payor gets remarried, this may be considered a significant change in circumstances that would warrant a modification of spousal support.

Call an Oak Park Divorce Modification Attorney Today

For many, spousal support or child support payments are necessary to maintain financial stability. However, changes to a person’s relationship status may require an adjustment to the amount of support that should be paid or received. The Law Office of Vincent C. Machroli, P.C. has assisted a large number of clients in a wide variety of cases involving post-divorce modification or termination of support obligations. Our attorney is well-versed in all areas of family law, and he can help you address your concerns about child support and spousal maintenance. Contact our Hillside family law attorney at 708-449-7404 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

https://www.thebalance.com/requesting-child-support-modification-in-court-2997619