December 29, 2022, In Child Support
At WHITMARSH FAMILY LAW, PC, our Los Angeles child support attorney knows that if you are ready to remarry, you have come a long way since your previous divorce proceedings. Congratulations! You deserve to be happy and moving on with your life is now only a legal matter between you and your soon-to-be spouse. While your ex-spouse may have a lot to personally say about your upcoming nuptials, there is truly little they can do about the existing court orders you have in place.
Unless there are extenuating circumstances that must be reviewed by a judge during a court-ordered modification effort, that includes those regarding child custody and child support.
If your ex-spouse has suddenly decided that your marriage means more rights – or money – for him or her, our Los Angeles County family law attorney can help you understand how the California family courts and the state’s laws see their efforts.
Here is what you need to know.
Is Getting Remarried Grounds for Modifying Child Support Orders in California?
The simple answer is, no. When a parent remarries, the law does not regard the remarriage alone as grounds for modifying child support obligations.
A new spouse’s income is not a legitimate reason to modify a parent’s child support obligation. Nor is your new spouse obligated to financially support your children from a prior marriage or relationship.
While there are exceptions to the rule, the California family courts typically will not deviate from a previously ordered child support award if either parent remarries.
The new spouse’s income cannot be considered in relation to child support, except in rare cases.
If My New Spouse and I Have Children Together, Will It Lower My Existing Child Support Payment Amount?
Having children with your new spouse does not entitle you to seek a lower child support payment amount for your existing children, based on the new expenses of starting a family.
Contact WHITMARSH FAMILY LAW, PC Today to Schedule a Free Consultation
If your ex-spouse is threatening to take you back to court for child custody or child support modification, simply because you remarried, contact our skilled family law attorneys in Los Angeles County at WHITMARSH FAMILY LAW, PC by calling (310) 552-3505 to schedule a free consultation today.
We will outline your legal rights and options to put this conversation behind you, so you can move forward with your new life with confidence.
