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Will Remarriage Affect Child Support Payments?

At some point after a divorce, both of the spouses are likely to be in new relationships, and may remarry. When one parent remarries, there may be questions about whether there will be any effect on the child support payments that are being made or received.

If the non-custodial parent is the one who gets remarried, there may be questions about whether the new spouse’s income can also be factored into child support payments. On the other hand, if the custodial parent is the one who’s getting remarried, the non-custodial parent may question whether child-support payments need to continue, because the child’s primary caretaker now has a new earning partner in the household.

If you remarry and are currently making child support payments, then your spouse’s income, even though it contributes to the overall financial stability of your household, will not be a factor in determining any child-support modifications.

In other words, your ex- spouse cannot claim any increase in child support payments, simply because there has been an enhancement in the financial situation in your family. Your new spouse’s income cannot be considered, while determining child support payments for your child. Many custodial parents under the false impression that child support payments will increase, because there has been a change in the financial situation of the parent making the child support payments. However, that is not true at all. Only the child’s parent is responsible for making child support payments.

Child-support support modifications, however, can be made in a number of other cases. For instance, if there has been a marked change in the circumstances of the custodial parent that make it difficult for him or her to continue caring for the child with the current payments, he or she can file a claim for a modification of child support order. Similarly, a non-custodial parent can actually also claim a modification of child support payments, if there is a change in circumstances, such as loss of a job or any other factor.

If you are wondering about a child support modification, contact us for a consultation.