I Plan to Re-Marry, What Happens To My Child Support Arrangement?
This is a very common question that we get here at Rubin & Levavi, P.C., so we thought we would address it via this post. As we have previously discussed, California uses a complex formula to calculate child support payments, often using the income and other key details about both parents.
More importantly, each parent’s obligation to provide for their children does not change, even when either party remarries. In other words, in most cases, parents are still on the hook for their share of support as the new spouse’s income does not influence how child support is calculated. That said, the taxes paid by the parent living with the children could be impacted in light of a new marital filing status.
There are rare exceptions to this. Sometimes the courts can choose to include the new partner’s income in cases where relying on just the support from either parent would lead to extreme hardship for the child. This is pretty infrequent, but it does happen.
One other important thing to note is that the number of dependents always affects child support payments. So if someone re-marries and has additional children, child support accounts for the extra dependents, leading to lower child support payments.
Speak To A Reputable Family Law Attorney
At any rate, seeking to have a modification due to these types of changes in your life could go either way due to the many factors that are at play. This is why we highly advise that you consult with a qualified family law attorney about the specifics of your circumstances before pursuing any type of change in your child support arrangement.
If you have any additional questions or concerns about any matter relating to family law and divorce in California, do not delay in reaching out to us at Rubin & Levavi, P.C. Call us today to schedule a free initial consultation.