Will child or spousal support be reduced if the moneyed spouse is making payments to other ex-spouses?

If the moneyed spouse has been divorced more than once, will payments to previous spouses and/or children reduce the amount of spousal or child support that a third spouse for instance is likely to receive?

By Sean Sullivan
September 11, 2016

Yes it will. Because in a sense what happens is it's considered first in time, first in right. So, the first child will be given the amount of money and you would look at the calculation based on that. And then the subsequent cases the spouse who has to pay will be given a credit for the other ones. So, it will ultimately reduce the income that then the second family is looked at. So, when he is paying his income out to the second family, if it is calculated at 20% or 28%, the amount of income that that 28 or 20% is calculated on will be reduced because he will already be deducted from the first amount he paid to the first family.

Sean Sullivan is a family lawyer practicing in the Elmhurst, Illinois area at the law offices of Laura M Urbik Kern, specializing in child custody and dissolution in divorce. Visit his website, www.laurakern.com, and Divorce Magazine profile.

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September 11, 2016

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