Getting Remarried in California: How Will it Affect Child Support?

remarriage

Just because your previous marriage ended in divorce doesn’t mean that you will never remarry. However, remarrying can affect the child support payments that were negotiated between you and your ex-spouse. It is important to know the child support laws in your state, and understand how a remarriage will affect you and your children.

Custodial Parent

The custodial parent is the parent who has physical custody of the child(ren) for a majority of the time and receives a monthly child support payment. In most states, a custodial parent remarrying will have no effect on child support, because the law states that a child’s biological parents are responsible for that child. However, the non-custodial parent does have the right to contest their child support payments in the event of a remarriage, especially if the new spouse is able to provide more financial support. At that point, it is up to the courts to decide if and how child support payments will be affected.

Non-Custodial Parent

In the event that a non-custodial parent remarries, child support payments made by that parent will not automatically change. They are still responsible for making child support payments for any children from a previous marriage. Child support payments will not increase in the event of a remarriage; the new spouse’s income will not factor into the child support calculations. Of course, the custodial parent could argue that if the non-custodial parent’s overall income has substantially increased due to the remarriage, child support payments should be modified. In this case, it would again be a decision made by the courts.

Double Check

In conclusion, entering into another marriage will not automatically change your child support payments—either those you receive as the custodial parent, or those you pay as the non-custodial parent. If you are considering remarriage and are concerned about child support, the best thing to do is to read up on the laws in your state and consult with your attorney. You can find more resources for your area at SupportPay.com.

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