Unfortunately, Illinois is one of the few states that does take into consideration the spouse's income. However, it looks like this only happens if the spouse earns considerably more than the parent. The idea is the spouse's income frees up more of the parent's income which can be used for child support.

I just did a very quick search - but it looks like it is very grey area and much of the decision is left up to the judge. I would contact an attorney and get their opinion.

However, if you have kids together it might lower the payments.

Illinois uses the NCP's income. The custodial parent's income is not included in calculations. For a stepparents income to be of any consideration whatsoever, would have to be a major allowance to deviate from guidelines.

Can they withhold CS from your paycheck? No. You are in no way the legal obligated person. Could the State and/or federal snag a joint tax refund? Yes, but you can file injured spouse.

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

I made this issue a hobby during the 16+ years we lived under a CO. The idiots in the back robes would just about stoke out when I would refuse to provide my income information after being told that as a Sparent that I was not a party to the case. “Your honor, if I am not in fact a party to the case as you just told me then my money is not a party to the case. You can’t have it both ways.”

I would maintain that line until threatened with contempt. Sadly the idiots in the black robes can have it both ways.

Though the People’s Republic of Sperm Land does not allow SP income to be used for CS calculation purposes it does give the judge the ability to grant the NCP an income credit for the purpose of lowering their CS exposure if a Sparent makes a notable income. The maximum allowable income reduction credit allowable at that time was $1000\mo which actually only reduced the max possible CS by $50\mo. The Sperm Clan motioned for my income to be included in CS calculation every time we were in court. They of course were denied but were granted the $1000\mo income reduction due to my income lowering the possible CS by $50\mo. That the shallow and polluted half of my skid’s gene pool would benefit at all from my efforts just chapped my ass. Each time we went to court I heard the black robed morrons say "Bio dad should not be punished by having to provide for an artificially elevated standard of living for the child because Step Dad makes a good living. I am granting the income credit for $1000\mo.)

I developed the counter strategy of motioning for Sperm GrandHag and Sperm GrandPa’s income to be included with the Sperm Idiot's for CS purposes since he lived in their investment property rent free, they paid his entire CS obligation for my SS and Spawn#2 until they each turned 18, the three younger spawn lived with them with no help from their idiot son, and he drove their hand me down cars at no cost to him. We would present stacks of evidence and documentation to support the motion which would really piss of Sperm GrandHag. }:) Whenever that motion was put forward they would just about stroke out. It would get really entertaining when the Judge would agree to consider the motion. "WHAT DIFFERENCE DOES IT MAKE IF WE PAY FOR ALL OF THAT STUFF?". I loved getting her to go off on one of her rants in court.

Sadly it was never granted but the panic it caused in Sperm Clan ranks was beautiful. :jawdrop: }:)

It is unlikely, though not impossible, that your income would be attached for CS purposes but make sure your ducks are in a row when the Judge asks for your income. As much as I would have loved to stick to my guns on not providing my income it was not worth jail.

All IMHO and experience of course.

If the worst happens, move out and file for separation or divorce. Don't let BM strangle you personally just because she wants $$$. I told DH if she ever goes after my income I'll have no choice but to divorce him and move out on my own. I'm sorry but that's where I draw the line. I've already experienced our BM financially strangling us and I won't do it again.

Laws in our country are bs huh