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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.
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