Will My New Marriage Affect My Existing Illinois Divorce Agreement?

 Posted on July 17, 2020 in Divorce

When you see divorces take place in movies or TV shows, they only seem to take a day or two to complete. In reality, getting a divorce could take months or even years, depending on the circumstances of your specific situation. The divorce process can be rather tolling, both emotionally and financially. For some, it can feel like a burden has been lifted once the judge approves the divorce agreement and signs the decree. However, this does not mean that you will never have to look at this piece of paper again, especially if you have a child together or you get remarried. Your divorce agreement will also contain information about your child support terms and about spousal maintenance terms if you have them.

How Will Remarriage Affect Spousal Maintenance?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a person is no longer obligated to pay spousal maintenance payments if the person receiving the payments gets remarried or moves in with another person on a continuing and conjugal basis. As per the IMDMA, that person must also notify the paying party within 30 days or at least 72 hours of the intended marriage or cohabitation, the date of which the support obligation ends. The court can order the receiving party to reimburse the paying party if it was found that advance notice was not given or overpayment was made. On the other hand, if the person making the maintenance payments moves in with a significant other or remarries, the maintenance payments would not stop.

How Will Remarriage Affect Child Support?

In general, the remarriage will not typically affect child support orders. Parents are obligated to financially provide for their child until that child reaches the age of 18, so the child support order would not be terminated upon remarriage. The only situation in which a child support order might be terminated is if the paying parent’s rights were also terminated for some reason.

However, there may be a few circumstances in which the amount of child support that is paid each month changes. For example, if the parent with a majority of parenting time gets remarried to someone very wealthy, the paying parent may be able to make a case to the court that his or her payments should be lowered because the other parent now has more disposable income.

Contact an Aurora Divorce Attorney

It is not uncommon for people to eventually move on and live with or eventually marry somebody else after they are divorced. A prior divorce, however, may bring with it a divorce agreement, which could be affected by your remarriage or cohabitation. At the Law Office of Matthew M. Williams, P.C., we can help you understand how your current child support or spousal maintenance agreements may be affected if you cohabitate or remarry. Set up a consultation with our knowledgeable Kane County divorce lawyer by calling our office today at 630-409-8184.

Sources:

https://www.verywellfamily.com/remarriage-and-child-support-2997985

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm