How a New Child or Marriage May Affect Support
Even after you have gone through a divorce and moved on to a new chapter in your life, the effects of your divorce can still not only follow you into the future but impact how you make major decisions and experience major life events. One common example of this is getting remarried and/or having a new child and how it impacts existing alimony or child support agreements.
You don’t have to be left with unanswered questions regarding how your new life developments will be impacted by your existing court orders. If you are in San Jose, California or Morgan Hill, or throughout the areas of Fremont, Hayworth, Alameda County, Santa Clara County, or Pleasanton, reach out to our team at The Law Offices of Steven E. Springer to discuss your situation and learn about any legal options that may be available to you.
Does Getting Remarried Affect Alimony?
The way in which remarriage affects alimony (also known as spousal support) varies from state to state. Under California law, the legal obligation to pay spousal support automatically ends when the receiving spouse remarries. There is potential for payments to continue if the spouses make a special arrangement, but under normal circumstances, payments will end with the receiving spouse remarrying.
Conversely, if the paying spouse remarries, the legal obligation to pay spousal support does not end.
Does Getting Remarried Affect Child Support?
In California, there is rarely any change in a child support arrangement when either parent remarries, since the guiding philosophy is that both biological parents carry an obligation to care for the needs of their child. Under certain circumstances, however, a new spouse’s income may be taken into consideration, such as if a child has special needs and the new spouse’s income far exceeds either biological parent’s income.
In nearly all cases, the court is not allowed to look at the new (non-biological parent) spouse’s financial situation to make any type of alterations to the existing child support arrangement.
Does Having Another Child Affect Existing Child Support?
While it is common for a divorced couple to go on to remarry and/or have additional children, the birth of new children in a new relationship will not change an existing child support agreement. Having a child is a voluntary act; therefore, it cannot be used as an argument by a receiving spouse that they need more money — or by a paying spouse that they should be allowed to pay less to their former spouse in child support. The court will consider existing child support or alimony obligations when setting child support payment requirements, but having a new baby will not automatically mean more or less money will be changing hands.
Turn to Experienced Family Law Attorneys
As you have already experienced, family law matters are some of the most complicated issues a person can deal with. If you have already gone through a divorce and have existing alimony or child support agreements in place, you likely have questions about how this will affect your remarriage or new child. Consulting with knowledgeable family law attorneys will give you the answers you need and the guidance necessary to move forward with your life.
If you are located in San Jose, California, Morgan Hill, or the areas of Pleasanton, Santa Clara County, Alameda County, Hayworth, or Fremont, and you are getting remarried or having a new child and need to know how this could affect the amount you pay or receive in alimony or child support, we are here to help. Contact us at The Law Offices of Steven E. Springer today to schedule a consultation to receive the reliable legal counsel you need.