While you may always have a special place in your heart for your ex-spouse and parent of your child, some things don’t work out the way you intended. When you meet a new partner, you may not understand how the relationship will affect your alimony and child support payments. If you plan on proposing to your current partner, understanding how your remarriage and child support correlate is essential. Keep reading to learn more about this circumstance and how a Nassau County child support lawyer can help you navigate these changes.
Understanding the Correlation Between Remarriage and Child Support
In New York, remarriage will not impact your child support payments. This is because a new spouse does not have an obligation to financially support children from a different relationship.
Many people confuse child support payments and alimony. Child support payments are ordered to ensure that the children from the first marriage can live the same life they experienced while their parents were together. They are entitled to this payment regardless of whether or not both parents remarry. However, if there is a significant change in the child’s economic circumstances due to the receiving parent’s new spouse or the non-custodial parent’s income and earning capacity, they may be able to request a modification of the payment.
What Factors Will Courts Consider When Modifying Payments?
If the non-custodial parent requests a change or modification to their current child support payments, it must be reviewed and approved by the court. The following factors will be considered before granting a modification:
- The non-custodial parent loses their job
- There is a significant change in income
- The non-custodial parent becomes ill or disabled
- The payee has been incarcerated
If you request a modification, you may have to provide your current spouse’s income. While their funds are not awarded to children that are not their own, the court uses this to determine how much of your own expenses you use to contribute to your household before modifying the payment. If your spouse makes a significant amount of money, they may determine that your income can be forfeited to your children.
When Should I Contact an Attorney?
If you are getting remarried or want to change your child support payments, ensuring you contact an attorney for further guidance is essential. Child support can be a hotly-contested and time-consuming issue to navigate. While you want to ensure your children can have a good life, some circumstances, like unemployment or disability, can inhibit your ability to provide.
At Barrows Levy, we have the experience to help you explore all options surrounding this issue. Contact our experienced and dedicated legal firm with any questions you have surrounding your child support payments, and discover how we can help.
