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How does child support work when a parent remarries?

On Behalf of | Sep 12, 2022 | Child Support, Family Law |

Divorced parents in Illinois must work together to support their children. When one of them gets remarried, both parties might be confused about what happens with child support. Here is how the new marriage affects payments.

Child support laws

In Illinois, parents are required to support their children until they reach the age of 18 or graduate from high school. When one parent is awarded custody, the other is generally ordered to pay child support.

Impact on child support when the paying parent remarries

When the parent who has been ordered to pay child support remarries, their marriage does not affect their obligation. They will still be required to pay toward their child even if they have new stepchildren that they choose to support as well. The amount ordered by the court will not be reduced in this situation.

While the parent must continue paying child support, their new spouse will not be a factor as they will not be ordered to financially support the child.

Impact on child support when the parent being paid remarries

If it is the parent who’s receiving child support who gets remarried, the same situation occurs. They will continue to receive child support payments regardless of their new spouse’s income. The parent’s new spouse is not obligated to support their stepchild.

However, there is one exception to this situation. If the new spouse decides to adopt the child, they would then become the other legal parent and would be required to financially support the child. The parent paying child support would no longer have to pay in this scenario because it would mean their parental rights have been terminated.

Getting remarried rarely means that child support payments will cease or even change. Parents are still required to support children from their previous marriage until they reach age 18.