If you get remarried, does that affect child support payments?
It’s very common for California residents to divorce and then marry someone new. If you have children from your previous marriage, you might wonder how your new union can impact that. You should know how it can affect child support whether you make those payments or receive them.
What happens if you have custody and remarry?
As a custodial parent, if you get married again, the child support you receive from your former spouse is usually not affected by your remarriage. Your ex-spouse would continue making payments as ordered by the court. This is because the child’s legal parents are those responsible for supporting the child.
However, if your new spouse decides to legally adopt your child and your ex-spouse agrees to relinquish their parental rights, your ex would no longer be obligated to pay child support. The responsibility would fall on your new spouse. If your ex refuses to surrender their parental rights, they would still be required to pay.
What happens if you are the non-custodial parent and remarry?
A non-custodial parent who gets remarried must continue paying child support to their former spouse who has sole custody. This holds true even if the individual has children with their new spouse. Depending on their financial situation, they might find it difficult to continue having to make child support payments for the benefit of their child from a previous marriage. Regardless, they are legally obligated unless the court decides a change should be made.
Is child support modification possible?
Depending on the situation, it might be possible to have a child support order modified by the court. For instance, if a parent has suddenly become unemployed or one party’s income has significantly changed, a modification might be necessary. In some cases, the parents may be able to work out an agreement that works for them and benefits the child.
Remarriage typically doesn’t change child support payment obligations. Extenuating circumstances can affect it, but the child’s welfare must be the biggest priority.