Child Custody Lawyer
After a divorce for a couple that has children, there is usually an agreement to pay child support payments. However, sometimes the circumstances become confusing after you have decided to remarry. There are a variety of situations that could occur after your divorce. For instance, you could get remarried and have additional children with your new spouse or adopt your new spouse’s children from their previous marriage. It is important to know the different options you have with regards to child support but also what your legal obligations are.
Common Questions from Custodial Parents
If I get remarried, will my children not receive as much child support?
The child’s birth parents are responsible for providing child support. If a custodial parent decides to remarry, most states will not reduce the non-custodial parent’s child support payments.
If my new spouse decides to legally adopt my children, will my ex-spouse still have to provide child support for my children?
Unless the non-custodial parent has given up their parental rights, most states will not allow for stepparents to adopt your children. This is usually not the case when noncustodial parents are part of the children’s lives and pay child support.
Once I get remarried, can I choose informally to not receive child support for my children, since my new spouse and my income are sufficient to take care of the children?
This is not recommended for you or your ex-spouse. If you do not need the money to take care of your children, it is recommended to use the money to save for your children’s education. It is also important for your ex-spouse to keep accurate and clear records of every payment of child support in case there is any doubt as to if they stayed current on their payments.
Common Questions from Non-Custodial Parents
Why do I need to pay child support if my ex-spouse is now remarried and living a higher standard of life than I do?
The reason for you to continue to pay child support in full and on time is because it is your legal obligation. If you do not pay your child support on time, the state could choose to charge interest on any unpaid amounts, not issue you a passport, withhold tax refunds or unemployment compensation, garnish your pay, or even send you to jail.
If I get remarried while paying child support, will I have to pay more child support now that my and my new spouse’s collective income is higher than the income I had when I started paying child support?
No. Your new spouse is not legally responsible for financially providing for your children from a previous relationship.
After I remarry and have more children, can there be a modification of the amount of child support I have to pay?
Reasons for modifying child support vary by state. However, usually the courts are hesitant to reduce any child support due to having additional children. If the non-custodial parent can show their household expenses have significantly increased or that their income has decreased significantly, they may be considered to modify their child support.
After a parent is remarried, child support orders do not change in most cases. It is important to speak to a child custody lawyer Rockville, MD trusts if you are considering remarrying to discuss the financial and legal ramifications of a blended family with child support orders currently in place.
Thank you to our contributors at The Law Office of Daniel J. Wright for their insight into child support law.