The Impact of Remarriage on Child Support

Parents are financially responsible for taking care of their kids. After a separation, the noncustodial parent generally makes child support payments to the other parent. Child support obligations continue unless there is a significant change in circumstances. Getting remarried can change your financial situation, which may lead to a modification of child support payments if a significant change in circumstances is demonstrated and approved by the court.

The impact of remarriage on child support depends on your individual circumstances. Talk to a local child support law attorney to find out how remarriage impacts child support.

Child Support After Remarriage

Generally, remarriage does not change the amount of child support paid or received. Parents still have to support their children, even if the parent or their ex remarries. A new spouse’s income is generally not one of the factors that determine the amount of support.

Child support provides for the financial needs of the child when the parents divorce or separate. States use child support guidelines to determine how much the noncustodial parent owes in monthly child support. The family court uses several factors to determine the amount of child support, including:

• Parent’s income
• Number of children
• Time spent with the child
• Child care
• Healthcare needs
• Other expenses

When remarriage changes these factors, it can have an impact on the child support calculations. Depending on the change in circumstances, it can increase, decrease, or have no change on the amount of child support.

Stepparent Legal and Financial Obligations

A stepparent does not have any legal or financial responsibility to provide for your child. A stepparent does not have to provide financial support for their stepchildren unless they go through a formal adoption. After a stepparent adoption, they will be the legal parent of the child and take on legal and financial obligations.

Modifying Child Support Orders

Either parent can petition the court to modify or adjust child support orders. Generally, parents have to wait a certain amount of time before they can modify the support orders. However, parents can get a modification of child support if there is a significant change in circumstances. Examples of how remarriage can be a substantial change include:

• Moving away
• Change in custody or parenting time
• Change in financial circumstances
• Responsibility for additional children

The court can reconsider child support guideline factors to modify child support orders. When making decisions, the court acts in the best interests of the child.

Change in Finances After Getting Remarried

Remarriage can have a significant change in your finances. You can increase your household income if your new partner has an income and other financial assets. If your new partner does not have an income, it can reduce your finances.

If one parent stops working when they remarry, the court considers their potential income. The remarried parent’s imputed income is based on their earning potential and prior employment.

For example, a parent earns $80,000 a year at a full-time job. After the parent’s remarriage, they stop working to act as a homemaker. The court can base child support on the parent’s potential income, even if they are no longer earning an actual income.

Treatment of New Spouse’s Income

The family court will primarily consider your income when calculating child support. However, the court can consider the change in financial circumstances if your new spouse significantly increases your household income. Your spouse’s increased income can lower your monthly expenses, which could leave you with more money to support your child.

Remarriage and Changes in Visitation and Custody

A new marriage can change the parenting plan. If the remarried parent moves away with their new spouse, it can change the custody and visitation schedule. A significant change in custody can impact child support payments.

For example, after a divorce, the parents live nearby and have equal parenting time. The court awards a small amount of child support because both parents provide care and financial support for the child. After remarriage, one parent moves across the country, and it is harder to have visitation and parenting time. The court can increase the amount of child support based on the change in circumstances.

Legal Support for Child Support Payments

Remarriage does not change your dedication to providing the best for your kids. Remarriage does not change the noncustodial parent’s legal obligation to provide support. When you or the other parent remarries, your financial situation may change enough to justify a change in child support. A child support lawyer can explain your legal options and help you through the process.

Your child support agency can take enforcement action to make sure you get the money to provide for your child’s needs. Your family law attorney can also represent you in court for any child support disputes. For legal advice about how remarriage affects child support, contact a local child support attorney.