Say, for instance, it was decided in your divorce settlement agreement that you are the custodial parent and that you will be receiving child support payments. Now, if you are planning to remarry, you may be wondering how this will impact your agreement. Read on to discover whether remarrying will influence your established child support agreement and how a seasoned Suffolk County child support lawyer at Peter V. Mandi & Associates can ensure that this is protected.
Will remarrying alter my child support agreement in any way?
New York state has enacted guidelines to provide the courts with a general formula to establish a child support agreement. Essentially, this general formula takes how much net income you and your former spouse spent on your child prior to your divorce, so that the lifestyle your child grew accustomed to does not deter in any way. Aside from this general formula, other factors may come into play, such as your and your former spouse’s earning capacities, assets, debts, education, tax implications, age, health, and more. But usually, whether you or your former spouse remarry will not be a contributing factor.
The reasoning for this is that a noncustodial parent should be obligated to support their child regardless. More specifically, payments should remain the same regardless of whether the custodial parent’s new spouse’s income increases their disposable income. And also, payments should remain the same in the instance that a noncustodial parent stops working after remarrying.
What factors will alter my child support agreement?
While remarrying is not enough to constitute a change to a child support agreement, there are other factors that might. That is, via a post-judgment modification, your agreement can be lessened or terminated for the following reasons:
- Your child reaches the legal age of emancipation, which, by New York law, is 21 years old.
- Your child is 18 years old or older but they are able to fully support themselves financially.
- Your child joined the military, got married, or completed their higher education.
- The paying spouse experiences an unexpected loss of employment or change in income.
- The paying spouse experiences a serious health concern that requires expensive treatment.
Will remarrying alter my alimony agreement in any way?
Contrarily, your alimony payment agreement can be lessened or terminated if you choose to remarry. This is because alimony is supposed to serve as a temporary payment plan until you can become financially independent once more. Essentially, remarrying means that you now have a new outlet for financial support. So, upon hearing about your remarriage, your former spouse may request a change via a post-judgment modification.
As you can likely predict, the post-judgment modification process may be difficult to endure. This is why we do not recommend going through these proceedings without accepting the helping hand of a competent Suffolk County divorce modification lawyer. As soon as you are ready, pick up the phone and give us a call.