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Old 07-03-2013, 01:33 PM
 
10,029 posts, read 10,907,547 times
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True story but I have a cousin who is dating a single dad. She makes more money than him (she is a scientist, he's a teacher). His ex-wife doesn't work and refuses to. Anyway my cousin is planning to marry this guy but his ex-wife is planning to go to court to ask for an increase in child support and alimony once they marry. Unlike many states, Illinois often does take the new spouse's salary in consideration for child support (not sure about alimony). The increase is huge as he makes about $45,000 and she makes well over $100,000 and has no kids.

Anyway, those of you with kids and receiving money if you could would you go after your ex-spouse knowing he has more money? Would you expect your kids to get more items from him outside of child support?
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Old 07-03-2013, 02:14 PM
 
36,653 posts, read 30,967,790 times
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Quote:
Originally Posted by Idon'tdateyou View Post
True story but I have a cousin who is dating a single dad. She makes more money than him (she is a scientist, he's a teacher). His ex-wife doesn't work and refuses to. Anyway my cousin is planning to marry this guy but his ex-wife is planning to go to court to ask for an increase in child support and alimony once they marry. Unlike many states, Illinois often does take the new spouse's salary in consideration for child support (not sure about alimony). The increase is huge as he makes about $45,000 and she makes well over $100,000 and has no kids.

Anyway, those of you with kids and receiving money if you could would you go after your ex-spouse knowing he has more money? Would you expect your kids to get more items from him outside of child support?
Im not sure how or if one can go back and increase alimony. I thought it was based on the life style or income during the marriage?

I never received alimony or child support but to answer your question, no. I don't see how that is fair. If a woman remarries someone making a better salary the amount of CS being paid by the father does not decrease.
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Old 07-03-2013, 02:17 PM
 
10,029 posts, read 10,907,547 times
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Quote:
Originally Posted by 2mares View Post
Im not sure how or if one can go back and increase alimony. I thought it was based on the life style or income during the marriage?

I never received alimony or child support but to answer your question, no. I don't see how that is fair. If a woman remarries someone making a better salary the amount of CS being paid by the father does not decrease.
I'm not sure how they increase alimony and not sure how it affects the new spouse except that if the spouse paying loses his/her job then the new spouse often has to pay it. Same thing with child support but yes in many states the new spouse often pays or the divorced spouse pays more which does affect the new spouse. I definitely don't think it's fair for the new spouse to pay at all and yes I feel the new spouse has every right to do with their money as they choose.
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Old 07-03-2013, 02:18 PM
 
Location: Florida
769 posts, read 978,236 times
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Wow...I wouldn't marry him if that was the case. It doesn't matter how much I love him etc. I work my butt off and I will be damned if I am going to support their ex-wife who doesnt work.
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Old 07-03-2013, 02:24 PM
 
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I told her that but she's not listening to me. I told her about other situations I know exactly like this where the new spouse (and saw it with men too)who got stuck helping out.
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Old 07-03-2013, 02:28 PM
 
10,029 posts, read 10,907,547 times
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Before the usuals come in and tell me I am lying here's just one site: Impacts of Remarriage on Child and Spousal Support - Attorneys.com

In Illinois, courts may now consider income of a parent's new spouse on an equitable basis when determining child support. In Illinois and similarly-minded states, courts are no longer required to ignore financial resources contributed by a new spouse. Instead, Illinois courts are free to give consideration to whether new children are brought into the household through remarriage, the ability of one to support himself, and contributions for health insurance, health expenses, daycare, and other discretionary factors.

Scary to me.
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Old 07-03-2013, 02:35 PM
 
Location: NoVa
18,431 posts, read 34,402,823 times
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I read that whole thing and I really didn't take it as they will always take from that new spouse.

Neither my ex nor I are remarried and they calculate how much child support whoever has the kids gets by how much both parents are making.

My kids live with their dad and his gf. Do I think she does things/buys things for my kids? Absolutely. They are all part of a household. When they come here, does my bf spend money on them? Yes, a lot of money.

It's just how it is. Whether it is ordered or not, people just spend money on kids.

My best advice to you is to not be with a man with children, just as you prefer.
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Old 07-03-2013, 02:39 PM
 
523 posts, read 841,154 times
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Quote:
Originally Posted by Idon'tdateyou View Post
True story but I have a cousin who is dating a single dad. She makes more money than him (she is a scientist, he's a teacher). His ex-wife doesn't work and refuses to. Anyway my cousin is planning to marry this guy but his ex-wife is planning to go to court to ask for an increase in child support and alimony once they marry. Unlike many states, Illinois often does take the new spouse's salary in consideration for child support (not sure about alimony). The increase is huge as he makes about $45,000 and she makes well over $100,000 and has no kids.

Anyway, those of you with kids and receiving money if you could would you go after your ex-spouse knowing he has more money? Would you expect your kids to get more items from him outside of child support?
I live in Illinois and it's not the actual child support that could change but the discretionary expenses. Child support is a set percentage of the NCP's income, but then there are other discretionary expenses, like daycare, school and activity fees that the NCP may or may not contribute to. If he made a case that he couldn't afford any extra expenses when the agreement was made due to a low income, he may only pay straight support.

If he remarries, he will have more household income, freeing money to contribute to the extra expenses. The new spouse is not paying child support and her income is not factored into the child support percentage.

Conversely, if he has children with his new spouse, that is also taken into account and could reduce money he pays to children with the ex.

If he currently already pays for half of the discretionary expenses, it's doubtful the court would grant an increase.
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Old 07-03-2013, 02:50 PM
 
896 posts, read 1,478,429 times
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How bout kick the ex-wife in her crumb-catcher and tell her to get a job?
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Old 07-03-2013, 02:55 PM
 
10,029 posts, read 10,907,547 times
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Quote:
Originally Posted by Pikantari View Post
I read that whole thing and I really didn't take it as they will always take from that new spouse.

Neither my ex nor I are remarried and they calculate how much child support whoever has the kids gets by how much both parents are making.

My kids live with their dad and his gf. Do I think she does things/buys things for my kids? Absolutely. They are all part of a household. When they come here, does my bf spend money on them? Yes, a lot of money.

It's just how it is. Whether it is ordered or not, people just spend money on kids.

My best advice to you is to not be with a man with children, just as you prefer.
I am avoiding men with kids but when I heard about my cousin I was livid. I know if they come and visit she would likely buy them things, whether it'd food or something else and that makes sense. After all when people come to visit me it's expected I will provide some food of course.

Quote:
Originally Posted by dogluvr2013 View Post
I live in Illinois and it's not the actual child support that could change but the discretionary expenses. Child support is a set percentage of the NCP's income, but then there are other discretionary expenses, like daycare, school and activity fees that the NCP may or may not contribute to. If he made a case that he couldn't afford any extra expenses when the agreement was made due to a low income, he may only pay straight support.

If he remarries, he will have more household income, freeing money to contribute to the extra expenses. The new spouse is not paying child support and her income is not factored into the child support percentage.

Conversely, if he has children with his new spouse, that is also taken into account and could reduce money he pays to children with the ex.

If he currently already pays for half of the discretionary expenses, it's doubtful the court would grant an increase.
Yes he will have more money but it's not his money nor is it his ex-wife's or the kids. It's my cousin's money. She doesn't seem upset about it now but she was upset to hear the ex was planning to go to court. I know of two other cases where the ex sued the ex husband for more money because the new wife made a lot and won so it happens a lot.
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