In the years following your divorce, you may have undergone some significant life changes. For one, you may have gotten remarried. With this, you may be unsure of whether you will still receive your child support payments. For more information, read on to discover how a seasoned Peoria divorce lawyer or Pekin divorce lawyer of Butler, Giraudo & Meister, P.C., can help you if a request for a post-judgment modification arises.
Will I still receive child support payments if I remarry in Peoria County?
Firstly, it should be noted that Illinois follows the Income Shares Model. So, when they finalized your child support settlement agreement in your divorce, they used a formula that considers the net income of you and your former spouse and the number of children you share.
The Illinois courts stand behind the belief that a child’s legal parents are obligated to offer financial support. Notably, stepparents do not fall under this obligation. So, nonetheless, your decision to remarry should not alter or terminate the child support payments you receive from your former spouse, otherwise referred to as the noncustodial parent.
For example, even if your new spouse brings in a significant income that subsequently increases your assets, the Illinois courts will still resolve that your former spouse must continue their child support payments. On the flip side, if your former spouse decides to remarry and becomes a new stepparent, the Illinois court will still conclude that they keep up with their established child support payments.
What factors contribute to child support modifications?
Just because remarriage may not influence child support modifications does not mean that other factors may not. That is, if you or your former spouse notice a significant shift in circumstances, you may file for a post-judgment modification to your child custody settlement agreement. Such significant shifts may include the following:
- You or your former spouse lose your job or are forced to take a lower-paying job.
- You or your former spouse earn a promotion or raise.
- You or your former spouse receive an inheritance.
- Your child is now 19 years old or older.
- Your child is now married.
- Your child joined the military.
- Your child is pursuing higher education.
Will I still receive alimony payments if I remarry in Pekin County?
Notably, different rules apply when it comes to alimony payments after remarrying. Usually, in the state of Illinois, alimony payments are only temporary. So, if your former spouse gets word that you remarried, they may file a post-judgment modification so that they can terminate these payments. The same goes even if you are just cohabitating with another partner.
If you need to prepare for the post-judgment modification process, talk with a competent Tazewell County post judgment modification lawyer today.
