I'm going through a divorce. If my wife make more money,does it effect how much child support I pay.

I'm paying 32% child support for 3 children. I was making more money than my wife. She has since, found a new job that makes more money than me. Because she's making more than me could I get the child support reduced. Or is there a chance I can get some kind of matinance, from her. Is there any other option, I can do.

Elgin, IL -

Attorney Answers (4)

Judy A. Goldstein

Judy A. Goldstein

Child Support Lawyer - Mokena, IL
Answered

The law at the present time is that the obligor (you) pay child support according to your income without consideration of the obligee's (her) income. There is a possibility that the law will change over the next year or two. For now, however, her income does not count in considering your obligation for child support.

As for maintenance, the mere fact that your wife now earns more than you do is not by itself a basis for your receiving maintenance from her. Hopefully you have an attorney and should discuss this matter with him or her. Amount of income is only one factor in determining whether one spouse should be awarded maintenance from the other.

if you do not have an attorney you definitely should hire one ASAP.

Sponsored Listing
Peggy Margaret Raddatz

Peggy Margaret Raddatz

Family Law Attorney - La Grange, IL
Answered

Maintenance must be analyzed by your lawyer. There are not enough facts here to make that analysis and determination. as to the child support. The fact that she earns more is not relevant. Under the law both parties must support their children. If she made an excessive amount you could try for a deviation from the guidelines but that would be rare and difficult to get. Talk to your lawyer about these issues. He/she knows your case and we do not. The maintenance might be a negotiating point.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
Gary L. Schlesinger

Gary L. Schlesinger

Child Support Lawyer - Libertyville, IL
Answered

her new income is not a reason to get your support reduced.

Sponsored Listing
Roger William Stelk

Roger William Stelk

Child Support Lawyer - Arlington Heights, IL
Answered

Her income really isn't relevant. It's your income that controls the support, generally speaking. With respect to maintenance, there are a lot of factors in play. Seek the advice of an attorney. If she's your ex-wife and you already waived maintenance, no, that ship has sailed.

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.