How Marriage or Remarriage Can Impact Supporting Your Children Payments


How does getting married affect child support?

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Child support & your new spouse

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Child Support Payments After Remarrying

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How does remarriage affect child support?

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If My Ex Gets Remarried Will My Child Support Go Down? | Learn About Law

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How Does Remarriage Affect Child Support?

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How does remarriage affect child support?

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When a parent who owes child support remarries, the new spouse’s income cannot be tapped for the past due to child support payments. While the court can garnish the wages of the child support obligor, the court cannot look to a new spouse’s income to satisfy a child support judgment. Generally speaking, remarriage has no impact on whether you receive child support or not. At its heart, the law directs that the child’s birth parents are responsible for the child’s support and no one else. Therefore, in most states, the courts will not reduce a non-custodial parent or obligor’s child support payments due to a custodial parent’s decision to remarry.

In general, remarriage will not affect whether or not you receive child support. Under the law, the child’s’ birth parents have a responsibility to care for the child. In nearly all states, the court will not reduce child support payments when the custodial parent chooses to remarry.

Remarriage may change child support Ohio family law statutes directly address the issue of remarriage for the parent with whom the children do not live – the person paying child support. When this payer weds again, the payee may petition for a modification based on a. Remarriage after divorce could allow a co-parent to request a modification to their child support payments. Child support in Illinois is based on each parent’s available income, and a remarried parent may have more disposable income. Contact a Lombard, Illinois, divorce attorney at A. Traub & Associates to discuss your case.

A parent’s remarriage won’t directly affect child support in California. In almost every case, only the child’s biological parents have a legal duty to support the child, not the child’s stepparents. As a parent, remarriage can change much more than your marital status. In many cases, either parent’s remarriage may impact child support payments.

Since every family and circumstance is different, it’s important to understand how a remarriage may affect child support in your case. Remarriage alone isn’t enough to change a child support order, but it can still have an impact. Kansas allows a parent’s child support obligation to be reduced if he or she has additional dependent children. Thus, children born as a result of either spouse’s remarriage may lead to a reduction in child support. In some cases, however, a parent’s remarriage, along with other factors, can affect child support.

A new spouse’s income can factor into the child support determination. For example, if a custodial mother remarries a man who earns a considerable income, the mother has more funds to contribute to her children’s expenses. In this case, a judge may lower the father’s child support payment.

An Idaho parent’s remarriage won’t directly impact a child support order, but there are a number of factors surrounding remarriage than can affect child support. If a parent remarries, the court can consider the new spouse’s income when deciding whether or not to change the child support amount.

List of related literature:

Furthermore, it can, if not properly included in the personal income of the spouse, reduce—incorrectly—the amount of income determined by the court as available for support and, thus, negatively affect the level of support paid to the non-concealing spouse.

“Essentials of Forensic Accounting” by Michael A. Crain, William S. Hopwood, Richard S. Gendler, George R. Young, Carl Pacini
from Essentials of Forensic Accounting
by Michael A. Crain, William S. Hopwood, et. al.
Wiley, 2019

If a reduction in child support due to a noncustodial parent’s voluntary decision to change his or her employment status places a child in financial peril, then the court generally should not permit a downward modification.

“Work of the Family Lawyer” by Robert E. Oliphant, Nancy Ver Steegh
from Work of the Family Lawyer
by Robert E. Oliphant, Nancy Ver Steegh
Wolters Kluwer, 2016

The courts retain jurisdiction over this aspect of the divorce decree and often modify the support order based on changes in a parent’s job status or remarriage.

“Introduction to Law for Paralegals: A Critical Thinking Approach” by Katherine A. Currier
from Introduction to Law for Paralegals: A Critical Thinking Approach
by Katherine A. Currier
Wolters Kluwer, 2015

[The court] entered a final judgment and divorce decree which incorporated the partial settlement agreement, ordered hus­band to pay $552.09 in monthly child support, and apportioned the expenses for the children’s extracurricular activities two­thirds to husband and one­third to wife.

“Modern Family Law: Cases and Materials” by D. Kelly Weisberg
from Modern Family Law: Cases and Materials
by D. Kelly Weisberg
Wolters Kluwer, 2020

In the event of divorce, income may decrease because alimony and childsupport payments may cause one salary to be divided between two households.

“Personal Financial Planning” by Randy Billingsley, Lawrence J. Gitman, Michael D. Joehnk
from Personal Financial Planning
by Randy Billingsley, Lawrence J. Gitman, Michael D. Joehnk
Cengage Learning, 2016

After the rescission, the court shall determine the amount of arrearages in the spousal support payments and order the obligor to make to the office of child support in the department of job and family services any spousal support payments that are in arrears and any future spousal support payments.

“Ohio Family Law Handbook” by Publisher's Editorial Staff
from Ohio Family Law Handbook
by Publisher’s Editorial Staff
LexisNexis, 2019

In event of divorce, income may decrease because alimony and child-support payments cause one salary to be divided between two households.

“Personal Financial Planning” by Lawrence J. Gitman, Michael D. Joehnk, Randy Billingsley
from Personal Financial Planning
by Lawrence J. Gitman, Michael D. Joehnk, Randy Billingsley
Cengage Learning, 2010

Payments ordered to be payable direct to a child will be unaffected by cohabitation.

“Family Law and Practice 2020” by Nancy Duffield
from Family Law and Practice 2020
by Nancy Duffield
College of Law Publishing, 2020

The garnishment law allows up to 50 percent of your disposable earnings to be garnished for child support and alimony if you’re supporting another spouse or child and up to 60 percent if you’re not.

“Credit Repair Kit For Dummies” by Steve Bucci
from Credit Repair Kit For Dummies
by Steve Bucci
Wiley, 2014

The child support legislation applies equally to parents who are married, civil partners and those who are unmarried.

“Family Law” by Jonathan Herring
from Family Law
by Jonathan Herring
Pearson Education Limited, 2019

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
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  • It true cause everything that I every worked 4 and I’m poor as ever. File taxes and it was took. So they told dude right bby mommas act up when they see u moved. I’m a stepparent and I feel I have no right I was isnt even alot in court. Dont believe the hype the state of Alabama will take from u and ur spouse. And wont let ur significant other in the court room. PAMELA COUSINS very unfair even to lawyers.

  • What court? There is no article 3 court that can or will have anything to do with child support related matters. I myself I require any matter I may be involved in that for what ever reason ends up needing to be resolved by a judge that judge must be a judge operating under their offical capacity ( not a clerk for some agency somewhere) presiding over an article 3 court, which I am entitled to. In accordance with the original Constitution.. which is going to be a hell of a magic trick for anyone to find an article 3 court given that there is no such thing as an article 3 court in the United States anymore these days and there hasn’t been for quite some time now. I sure didn’t agree to anything to do with the OCSE, Their administrative process, there clerk’s which they refer to as judge knowing full well that the man/woman wearing the black robe is mere clerk. After all these people and there fraud is responsible for 12,500 death’s in this country ever year. According to government sistics. A d the effect all this BS has on innocent children and their lives, the whole ” guilty by association ” thing I’m lot of things but a murderer I am not, nor do I condone, support in any way, conduct business with or associate with anyone who attacks child resulting in CONSOQUANCES suffered by the children as a result of the issue again according to government sistics.. The whole thing sounds alot like TREASON if you ask me. And of course that is not including the reason judge Judy says child support is 100% fraudulent on national TV. That’s a whole other arrangement entirely

  • Many people believe the court will goes after the spouse. This one lady said that’s why she don’t want to get married. I was like girl ���� your on section 8 and barely work

  • That’s good you clear that up but you forget to mention that if he gets behind on child support and the couple have anything joint account that they come and freeze the bank account. Best bet is not have anything joint together if you don’t want to be a part of it.

  • What if we are only engaged and not getting married until next year? Is that the same as boyfriend /girlfriend in the eyes of the court? Also, do you do consultations by the hour? And if so, what is the cost? Thank you!

  • glad ion have kids.. chick was talking child support on me come find out she wasn’t even pregnant.. she wanted me to send her money through out a pregnancy.. i told her no we will wait till the baby come and it never did..

  • I guess I’m in the slim majority than. No where near a high 6-figure income. Still had the judge more then double what the state calculator spit out. #censurejudgepahl

  • It actually can not by law, if the “person” who is the recipient of child support re marries than that contract is also void. Entering into contract with the state or marriage to the state also legally voids contract and is actually a crime.

  • I’m so happy you made this video because I really thought that they could come after my wife’s check as well at least that’s what I heard LOL