While everyone dreams of having the “perfect” family, this is not always the case as parents drift apart. While you may still love your ex-spouse, meeting someone new is a fun and exciting time. However, if you’re getting ready to pop the question or talk about marriage, you’ll want to consider how this will impact the child support payments you send to or receive from your ex-partner. If you have questions about child support payments and remarriage, you’ll want to keep reading. You’ll learn more about these circumstances and how a Suffolk County child support lawyer can help you navigate any changes you want to enact.
How Do Child Support Payments Change After One Parent Remarries?
When you and your new partner decide to tie the knot, understanding how this remarriage will impact your child support payments is essential. In California, remarrying a new person will not affect the amount of child support someone is ordered to pay, regardless of if it is the receiving or paying parent remarries.
Child support is set in place to ensure that the child can receive the same level of care and lifestyle they received before their parents divorced or separated. Regardless of who remarries, these payments will not be impacted. However, if there is a significant change in the finances the child receives due to the receiving or paying spouse’s income, you can request a modification to the payments.
What Factors Will the Courts Consider Before Modifying Child Support Payments?
As a non-custodial parent, if you request a hearing to modify the child support payments, the court must examine a number of circumstances surrounding the request. Generally, the court will consider whether or not there is a significant change in income, loss of a job, incarceration, or chronic disability, before ordering a modification. If the court believes you changed jobs or are working a lower-level position to prevent making payments, they will likely deny the request.
If you apply for a modification on your child support payments, the courts may request proof of your spouse’s income. This is not because the courts will require your new spouse to provide for children they have no legal obligation to, but rather to determine how much your own expenses contribute to your household. If your spouse makes a significant amount of money, the judge may not grant your modification as your income can be spent on child support payments.
Do I Need to Contact an Attorney?
If you’re about to get married or need to change your child support, ensuring you contact an attorney is essential. This can be challenging to navigate, as both parents may disagree on the amount of money the payments are. Though you love your children and want them to have a good life, there are some circumstances that can make this challenging to accomplish.
At Peter V. Mandi & Associates, we understand that this can be a complex issue for many families. Our dedicated legal team will do everything possible to help you achieve your desired outcome. Contact us today with any questions you may have about your child support payments.