I recently read of an Appellate Court decision in Illinois regarding a post-high school educational expenses issue the Illinois Court recently considered. It would appear that this Court has decided that a stepmother or stepfather's income will now be allowed to be considered in paying for college expenses and this may cross over in determining child support as well.
This is a big step away from Illinois' traditional stance of NOT considering the income of any stepmother or stepfather. It would also appear that this will open the door to also considering the income of any live in - boyfriend, girlfriend, SO, whatever. Any income contributed to the household could now be considered.
If I may quote, this is the information I read:
"llinois Appellate Court opens the door to include new spouse income in determining child support.
In every divorce proceeding involving children, the issue of child support will arise and those issues are governed by the Illinois Marriage and Dissolution of Marriage Act Sections 750 ILCS 5/505, 5/505.1, 5/505.2, 5/513. Those provisions essentially provide for the establishment of child support payments for the support of minor children, non-minor children and payment of educational expenses.
The traditional view is that both parents have an equal obligation to support their children. In that regard, the Child Support Guidelines theoretically take into consideration the custodial parent's obligations in relation to the amount which the non-custodial parent pays, on a monthly basis to the parent maintaining residence for the minor children.
Further, the traditional view in establishing child support obligations or modifying child support obligations is that the financial resources of a new spouse are not to be considered in the calculation or determination of child support. That view took into account the lack of legal obligations a stepparent has towards the financial support of a stepchild.
However, the law on this issue has developed and evolved as stated in a recent Second District Illinois Appellate Court decision, which holds "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support." In Re the Marriage of Drysch, 2000 WL 815278, (ILL.App2 Dist.).
The Drysch decision dealt with the issue of each natural parent's obligation, under 750 ILCS 5/513, to contribute towards their child's post high school educational expenses.
In determining the amount and/or percentage each parent was required to contribute, the Court held that it was appropriate to consider the financial resources available to both parties in determining whether they could meet their individual financial needs in relation to the Court's order for contribution towards educational expenses.
In this instance, the Court considered Mother's current spouse's income in determining her obligation towards contribution to those expenses and her ability to meet her monthly financial obligations. The Court evaluated Mother's "financial resources" and determined that her new spouse's significant income was a component of "resources" to which she has access, thus properly considered.
Surprisingly, the Drysch decision did not specifically limit the consideration of a new spouse's income to the issue of post high school educational expenses.
Instead, the Court opened the door to consider a new spouse's income when calculating the basic child support obligation as well as those equitable considerations, which the court may order in determining a parent's total financial obligation for their children.
Those equitable considerations include potential deviations from the standard child support obligation based on considerations of new or additional children, ability to support oneself, contribution towards health insurance costs, uninsured health expenses, daycare expenses, and any other discretionary aspect of the child support component.
Historically, when considering all aspects of an award of child support divorce courts were required to ignore the "financial resources" contributed into the new household of the ex-spouse, by their new spouse. Now, the Illinois Appellate Court has opened the door for a more pragmatic financial assessment in determining the impact that a support order will have on the paying parent, as well as the receiving parent.
Indeed, this recent decision will have an effect on those parents marrying into wealth and those parents marrying just for love. Regardless of the effect on any particular family, the calculation of child support and its accompanying components for minor and non-minor children have become increasingly more complex.
A simple percentage calculation based on the guidelines enumerated in 750 ILCS 5/505, and 5/513 may now include an assessment of all "financial resources" available to the divorced parents in determining support amounts and the impact such awards will have on their new households."
Any comments? I will refrain from any personal comments of my own as I would like to see what the legal eagles on here think about this without muddying the waters with my own person opinion. I post this here for consideration and comments only - not to start a war!
This is a big step away from Illinois' traditional stance of NOT considering the income of any stepmother or stepfather. It would also appear that this will open the door to also considering the income of any live in - boyfriend, girlfriend, SO, whatever. Any income contributed to the household could now be considered.
If I may quote, this is the information I read:
"llinois Appellate Court opens the door to include new spouse income in determining child support.
In every divorce proceeding involving children, the issue of child support will arise and those issues are governed by the Illinois Marriage and Dissolution of Marriage Act Sections 750 ILCS 5/505, 5/505.1, 5/505.2, 5/513. Those provisions essentially provide for the establishment of child support payments for the support of minor children, non-minor children and payment of educational expenses.
The traditional view is that both parents have an equal obligation to support their children. In that regard, the Child Support Guidelines theoretically take into consideration the custodial parent's obligations in relation to the amount which the non-custodial parent pays, on a monthly basis to the parent maintaining residence for the minor children.
Further, the traditional view in establishing child support obligations or modifying child support obligations is that the financial resources of a new spouse are not to be considered in the calculation or determination of child support. That view took into account the lack of legal obligations a stepparent has towards the financial support of a stepchild.
However, the law on this issue has developed and evolved as stated in a recent Second District Illinois Appellate Court decision, which holds "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support." In Re the Marriage of Drysch, 2000 WL 815278, (ILL.App2 Dist.).
The Drysch decision dealt with the issue of each natural parent's obligation, under 750 ILCS 5/513, to contribute towards their child's post high school educational expenses.
In determining the amount and/or percentage each parent was required to contribute, the Court held that it was appropriate to consider the financial resources available to both parties in determining whether they could meet their individual financial needs in relation to the Court's order for contribution towards educational expenses.
In this instance, the Court considered Mother's current spouse's income in determining her obligation towards contribution to those expenses and her ability to meet her monthly financial obligations. The Court evaluated Mother's "financial resources" and determined that her new spouse's significant income was a component of "resources" to which she has access, thus properly considered.
Surprisingly, the Drysch decision did not specifically limit the consideration of a new spouse's income to the issue of post high school educational expenses.
Instead, the Court opened the door to consider a new spouse's income when calculating the basic child support obligation as well as those equitable considerations, which the court may order in determining a parent's total financial obligation for their children.
Those equitable considerations include potential deviations from the standard child support obligation based on considerations of new or additional children, ability to support oneself, contribution towards health insurance costs, uninsured health expenses, daycare expenses, and any other discretionary aspect of the child support component.
Historically, when considering all aspects of an award of child support divorce courts were required to ignore the "financial resources" contributed into the new household of the ex-spouse, by their new spouse. Now, the Illinois Appellate Court has opened the door for a more pragmatic financial assessment in determining the impact that a support order will have on the paying parent, as well as the receiving parent.
Indeed, this recent decision will have an effect on those parents marrying into wealth and those parents marrying just for love. Regardless of the effect on any particular family, the calculation of child support and its accompanying components for minor and non-minor children have become increasingly more complex.
A simple percentage calculation based on the guidelines enumerated in 750 ILCS 5/505, and 5/513 may now include an assessment of all "financial resources" available to the divorced parents in determining support amounts and the impact such awards will have on their new households."
Any comments? I will refrain from any personal comments of my own as I would like to see what the legal eagles on here think about this without muddying the waters with my own person opinion. I post this here for consideration and comments only - not to start a war!