Does Getting Remarried Affect Child Support?

When a couple divorces, each parent retains financial obligations to their children. Typically, the non-custodial parent will pay child support to the custodial parent. Some people wonder if getting remarried will affect child support payments.

Generally speaking, child support payments are usually not affected by a parent getting remarried. However, there are certain factors that will be examined in determining if a modification in support payments is justified.

Income and Support Modifications

While support payments are based on your income, getting remarried will not necessarily affect the amount of support that you have to pay. That is because your new spouse has no legal obligation to support your children.

Even so, your support payment may be modified if your spouse’s salary affects your income. Say, for instance, your new spouse earns a six-figure salary, allowing you to quit your job. With this “substantial change in circumstances,” you may be able to afford more support payments.

On the flip side, if you are receiving support and have entered into another marriage, the court may examine your financial picture to determine if your support payment should decrease. Although your new spouse is not responsible for contributing to your child’s needs, if he or she has a large salary, you will not be paying nearly as many expenses as before. However, if your new spouse also has minor children to support, this will be factored into calculating support payments.

How Long Do Child Support Payments Last?

Child support payments will last until the child’s 18th birthday. However, if the child is still in high school after reaching 18 years of age, then support payments will continue until the child completes high school or turns 20 years old, whichever is sooner.

Effective as of July 1, 2024, the Georgia General Assembly requires parents to financially support disabled children who have reached the age of majority. This new law takes into account other sources of income for the disabled person when determining a support payment. In some circumstances, the support payments may last indefinitely.

What if the Child Decides to Live with the Other Parent?

When a parent remarries, if the child and the stepparent do not get along, the child may ask to live with the other parent. Georgia allows children who are at least 14 years of age to choose which parent they would prefer to live with.

Unless there is evidence that this arrangement would go against the “best interests of the child,” a judge will grant the child’s living preference. If a child is between the ages of 11 and 13, then the court will consider the child’s educational needs as well as their preference when determining custody.

If you remarry and the child decides to live with the other parent, then the other parent can request a child support modification. In this situation, the other parent must prove the change in circumstances. If the modification order is granted, you may be ordered to pay support to your ex-spouse.

Speak with a Cumming GA Child Support Lawyer Today

Family circumstances change, which can mean that an original support order may need to be modified accordingly. If you or your ex-spouse have remarried, you need to speak with our Cumming child support lawyers. We can answer any questions you may have and help assist you as needed. To arrange your initial consultation, we can be reached by phone or by filling out our online contact form.