It is common for divorced individuals to get remarried. It is not uncommon to have more children with your new spouse. With this, you might wonder how remarriage and new children could impact or modify your child support. Ultimately, child support is not automatically modified by remarriage. However, remarriage can reduce or increase the amount of child support owed. If you are concerned your remarriage will affect your current child support award, reach out to a trusted and dedicated Rockland County Child Support Attorney who can assist you in understanding what modifications may apply to your child support after remarriage.
After remarriage, how will my new spouse’s income impact my child support?
When you remarry, your new spouse has no responsibility or obligation to support their new stepchildren’s needs. When you want to modify your child support, you must take it up with the court. The court will only allow a change in child support if there is substantial reasoning. The court will look at your combined household income to determine if your child support should be reduced or increased.
What is common law in New York and how does it affect a child support order?
When it comes to additional children affecting preexisting child support, New York has been governed by common law for many years. Common law did not recognize having additional children in a new marriage as a valid point for changing a child support order. It was believed that the primary duty was to the children in the previous marriage. The law stated that it was the person’s choice to remarry and have additional children. It was believed that this was the best way to preserve the child in the previous relationship’s best interest. However, New York has changed their standards when looking at modifications to a child support order in the case of additional children. It is now recognized that having additional children is a reasonable change in circumstances that could potentially change the conditions of a child support order. Typically, this is considered when a non-custodial parent who has a new child wants to reduce an established child support order. Nonetheless, even though New York recognizes this as a valid change in circumstance, your child support will not modify automatically. Individuals must file a petition to request changes to an established child support order to reflect their new circumstances.
If you are worried your remarriage will impact your current child support order, don’t hesitate to contact one of our experienced team members. We can help you understand what changes may apply to your new circumstances.