Does remarriage affect child support?


Divorce is a hard thing for couples to go through. Once you have gotten past the pain and disappointment, you will get on with your life. Part of that process is meeting someone else. If you have children from your previous marriage, there may be grounds for modifying your child support order after remarriage.

If you are the non-custodial parent, then you will have to pay a certain amount in child support. Remarrying is not in itself grounds for modifying such an order. However, under Arizona law, you can do so if there is a substantial and continual change in your circumstances. 

It is best to be honest and forthright about how your new marriage will affect your ability to pay for your child. It may seem counterintuitive, but if you are the non-custodial parent and you marry someone with an income that is significantly higher than yours you may be able to get the payments lowered. Such a change may allow you to spend less time working and more time with your child. If you move into a larger place with your new spouse, your child may be able to spend more overnights with you. The court considers the expense of feeding, housing, and entertaining a child in overnights as a legitimate form of payment. This may lead a judge to modify the court order to your benefit. 

You should know, however, that remarrying and taking on the responsibility of additional children is not a basis for lowering child support payments. Most courts will not support such an action. 

A Scottsdale child support lawyer can give you more insight into how your remarriage may affect your payments. You should consult with a Scottsdale child support attorney before you make a move. A child support lawyer in Scottsdale AZ will ensure that the action you take is fair-minded and legally sound. 

If you are thinking of remarrying, you should speak to a child support attorney in Scottsdale AZ at the Fruchtman Law Firm.