While most people want the “perfect” family, life can get in the way. Though you may always hold a special place in your heart for your ex-partner, meeting a new significant other is an exciting time. When considering marriage, however, you may wonder if your nuptials will impact your existing child support payments. The following blog explores what you need to know about the impact of remarriage on child support and how Los Angeles child support attorneys can help you navigate this highly-contested financial issue.
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, 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 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 the Zitser Family Law Group, 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.
