Will Remarrying End My Child Support?

A family enjoys a sunny day in the park, with a toddler from a remarrying couple taking steps while holding hands with his parents.

If you are planning to remarry, you may be wondering what this will mean for your receiving child support payments. However, you should not let this uncertainty get in the way of your fresh start. Continue reading to learn whether remarrying will end your child support and how an experienced Nassau County child support lawyer at Barrows Levy PLLC, can guide you toward a resolution.

Will remarrying terminate my child support payments?

Firstly, it is important to note that your alimony payments and child support payments are treated differently when you decide to remarry.

This is because the alimony payments that you have been receiving were never intended to be permanent. Rather, they were supposed to be temporary financial assistance to compensate for the financial support you were provided during your marriage. So, your former spouse may file for a post-judgment modification upon your remarriage. They can argue that your new spouse now provides you with the financial means that you require, and thus, you are now financially independent.

However, the same does not apply to child support payments. The New York courts utilize a complicated guideline to calculate child support payment amounts. The factors that contribute to this calculation can include your and your former spouse’s yearly income and earning capacities, but will not include that of your new spouse.

This is because, regardless of marital status, the noncustodial parent still has an obligation to support their child. It does not matter if your new spouse’s income increases your disposable income. And if it were the other way around, and the noncustodial parent remarried, they would not be required to pay an increased amount of child support simply because they have more disposable income.

When will changes to child support payments be made?

As established, child support payments will not be altered or terminated due to you or your former spouse remarrying. However, this is not to say that they cannot be altered or terminated due to other factors. Examples of such include, but are limited to, the following:

  • Your child reaches New York’s legal age of emancipation, which is 21 years old.
  • Your child is 18 years old or older and they can fully support themselves financially.
  • Your child joined the military.
  • Your child got married.
  • Your child completed their higher education.

On the flip side, you may request an extension of your child support payments if your child is pursuing higher education or if they have special needs.

Regardless of what your case may be, the only legal way to make changes to your child support payments is by filing a post-judgment modification with the New York court. If you require assistance in doing so, you must retain the legal services of a skilled Nassau County post-judgment modification lawyer. Give us a call today.

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