Most divorced adults will eventually find love—and even marriage—twice. One thing they should consider before remarrying is if and how child support payments from their previous marriage will affect previously-negotiated child support payments. Before taking this big step, they will need to check the child support laws in their state and understand how remarrying could affect them and their children.
The custodial parent is the parent with physical custody of the child(ren) for a majority of the time, and is also the one who receives child support. In most states, a custodial parent remarrying will have no effect on child support, as most states have laws that require a child’s birth parents to be responsible for that child. But the non-custodial parent does have the right to contest child support payments in the event of a remarriage, especially if the custodial parent’s new spouse is able to provide financial support with their additional income. At that point, it would be up to the courts to decide if and how child support payments would change.
In the event that the non-custodial parent remarries, the child support payments they are responsible for do not change. They will still need to pay child support for any children from a previous marriage. However, those payments will not increase, as the new spouse’s additional income will not be factored into child support calculations. Of course, the custodial parent could argue that if income has substantially increased, child support payments should be modified. In this case, any changes would again be determined by the courts.
In conclusion, entering into a new marriage will not automatically change child support payments—either those received by custodial parents or those paid by non-custodial parents. If remarrying is something you are considering and you are concerned about changes to child support, you should read up on the laws in your state and consult with your attorney. You can also find more resources for your area at SupportPay.com.