October 2, 2023


Association Of Law

Does Remarrying Have An Effect On Child Support?

3 min read
Does Remarriage Affect How Much Child Support I Owe?

After the divorce, California parents might wish to remarry and expand their family. According to a professional family law attorney in Orange County, one concern they might have, whether they are the custodial or non-custodial parent, is how remarrying might affect an existing child support order.

The responsibility of a parent

The first thing that parents must understand is that it is the responsibility of each parent to meet the financial needs of their children. Whether one or both of those parents remarry, they are still both legally bound to support their children. New spouses are not legally bound to pay support for their partner’s children with a different spouse. In some cases, however, former spouses have sued for modifications based on the financial changes their ex-spouse has experienced due to remarriage.

Child support modification after remarriage

There are some reasons parents might request a child support modification once a parent remarries. If the non-custodial parent remarries, for example, they might request a modification if they are beginning a new family.

While the birth of a new baby in this new family might not be evidence enough to grant a modification, particularly since many courts give priority to the child born in the first marriage, the costs associated with taking care of this child might be considered by the court. A specialized San Bernardino family law attorney suggests that there are very specific reasons courts will consider support order modifications. These include:

  • A significant change in the income of a parent, whether from loss of job or promotion
  • A change in custody that significantly impacts the time a child spends with each parent
  • The arrest of a parent and subsequent jail time
  • Increased costs of living, education, or health care

Adoption can change support requirements

In some cases, a new spouse might decide to adopt their spouse’s child. For this to happen, the other parent must give up their parental rights. In those cases, support then legally falls to the legal parents of the child, not necessarily the biological parent.

How does California enforce child support orders?

According to California’s Child Support Services website, parents who do not pay child support on time could face various penalties. For example, you could have your tax refund and lottery winnings intercepted and you could also face a lien on your property or bank account. Moreover, parents who miss child support payments sometimes lose their driver’s license as well as occupational licenses.

Missing child support payments can cause a parent to face contempt of court charges and lose their passport privileges as well.

How can you avoid falling behind on child support payments?

In order to avoid becoming delinquent, there are different strategies that could help you stay current on the child support you owe. You might benefit from establishing a payment plan in order to ensure that you have the financial means to pay support. If you lost your job or experienced significant financial changes, you could have the ability to modify your child support order to make payments more reasonable.

If you are in search of an experienced Riverside divorce attorney or family law attorney, contact The Law Offices of Sood and Sood!

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