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

Elgin, IL |

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.

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Attorney answers 4

Posted

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.

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Posted

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

Peggy M. Raddatz

Peggy M. Raddatz

Posted

they have not completed their divorce yet so it has not been permanently set yey.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

yet

Gary L. Schlesinger

Gary L. Schlesinger

Posted

it is still not a reason to reduce the temporary support.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

true but if he is able to make a strong case for maintenance that could obviously be an offset despite the fact that they are two different issues

Posted

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.

Posted

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.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

They are not divorced yet.

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