While entering a new chapter of life is exciting, it often brings up practical legal questions about your past obligations. Specifically, you may be asking: If I get remarried, does it impact child support payments? In California, while a new spouse’s income is generally not used to calculate support, your change in marital status can create secondary financial shifts that the court may consider. Keep reading to learn how remarriage affects your obligations and how a Los Angeles child support attorney can help you navigate these contested issues.
How Do Child Support Payments Change After Remarriage in California?
Many people falsely assume that remarriage by either biological parent will result in a change to their current child support payments. This is not true, as California courts will not consider the remarriage of either parent as grounds to cease or decrease payments.
Child support is a system enacted to ensure that the child of separated parents can enjoy the life they used to have or would still have if the parents were together. Generally, the non-custodial parent will make payments to support their child. While alimony payments will likely change, as that benefits the ex-spouse, California child support is not impacted by either spouse remarrying. This is because a new spouse has no legal obligation to provide for a child that is not theirs.
What Do the Courts Consider Before Modifying Payments?
Under extenuating circumstances, the paying spouse can request a modification to their child support payments. However, the courts will examine several factors before granting an increase or decrease to the payments.
For example, if the non-custodial parent gets married and has a new child, this may impact payments as the courts must acknowledge this child. Similarly, if you become chronically ill or disabled, this could affect your income and earning capabilities, meaning a decrease may be granted.
If you request a modification to your payments, your new spouse’s income will be considered. While they will not be obligated to forfeit their income to your child from a previous marriage, the courts will examine how much they bring in. This is to determine whether or not your income plays a substantial role in your household. Generally, if your spouse makes a significant living, your payments will not be modified.
Can an Child Support Attorney Help Me?
Though you love and want to protect your children, being held to an unfair amount is something that no parent wants, especially if their ex-partner is misrepresenting their income to receive more or pay less child support than is fair.
At Kramer & Zitser, LLP, we understand this is a hotly-contested issue for high-net-worth individuals, as courts may unfairly assign you a payment solely based on your income without examining the other factors. When you have questions or concerns about your new marriage and child support payments, ensuring you reach out to our law office as soon as possible is recommended. Our dedicated legal team can help you navigate this complex process.
California Child Support Resources:
Can I Modify a Child Support Agreement in California if I Lost My Job?
