Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information.
In Illinois, a court can consider the income of a new spouse, based on a 2000 court case, which held that "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.
The court looked at potential deviations from child support guidelines while considering a number of factors including 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.
Thus, while it is possible for the court to consider your spouse's income, her resources or income would have to be significant. Furthermore, the court will look at all of the elements, including her expenses and obligations, when deciding whether or not it is fair to include her income in the calculation.
JUST ANSWER IS A "PAY FOR SERVICE". As I do this for a living, not a hobby, please honor and respect the honor code, and compensate me for my time as you would any other professional.
DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).