Will My Remarriage Affect How Much Child Support I Owe?
A couple’s circumstances at the time of divorce rarely stay the same, which is why courts allow parties to modify their divorce agreement at a later date. For instance, one or both of the parties could remarry and even have more children, which could affect their previous divorce agreement in regards to the financial support owed for the support of children from the earlier relationship. Read on to learn more about how remarriage could affect how much you owe in child support.
Calculating Child Support in Florida
When calculating child support, courts assess how much each parent makes, how time-sharing will be divided, how many children need to be supported, and how much it costs to provide care for that child. For this reason, how much a parent owes in child support will vary depending on a family’s particular circumstances, including whether the child has special medical needs, attends a private school, or has siblings that must also be supported. It is possible to change child support amounts at a later date by seeking a modification in court. Such a change, however, will usually only be granted if there has been a substantial change in circumstances, such that:
- The petitioner’s household expenses have significantly increased; or
- The petitioner’s income has changed drastically due to injury, illness, or involuntary job loss.
In these cases, and in situations where a non-custodial parent has started spending significantly more overnight visits with a child, a court could be willing to modify child support. For an assessment of your own situation and whether it could justify a modification of child support, reach out to our legal team today.
Remarriage and Child Support
While remarriage can affect some monetary awards, like alimony, it doesn’t automatically change a parent’s child support obligation. For instance, courts don’t take the income of a custodial parent’s new spouse into consideration when they receive a request for child support modification. However, if remarriage results in a drastic change in one parent’s financial status, then a court could choose to alter the support agreement if it decides that a custodial parent now has more independent funds to spend on the child. In other situations, a non-custodial parent’s remarriage could also affect a child support award. If, for instance, a non-custodial parent remarries and has more children, a court could reduce his or her child support award in recognition of the financial obligations that accompany the birth or adoption of another child. Courts will not, however, simply increase a non-custodial parent’s payment just because of additional income from a new spouse.
Speak with a Member of Our Fort Lauderdale Legal Team Today
To learn more about how your remarriage or the remarriage of a former spouse could affect your financial obligations to your child, schedule a free consultation with experienced Fort Lauderdale child support lawyer Sandra Bonfiglio, P.A. today. You can reach a member of our legal team by calling our office at 954-945-7591 or by completing one of our brief online contact forms.