Reviewed by Diana Szabo, Esq.
Key Takeaways
- Remarrying does not change child support for either parent.
- A new spouse has no duty to support a child who is not theirs.
- Alimony is different. It ends on remarriage.
- College does not extend support past 21 unless your agreement says so.
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 Long Island 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 a step-parent has no legal obligation to support the child of their new spouse. A new spouse’s income belongs to the household, not your support calculation.
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.
Can a New Spouse’s Income Ever Come Up?
Indirectly, yes. A new spouse’s income cannot be used to pay support, nor will it be added to the income in the guideline calculation. However, if the paying parent requests a reduction in support because they cannot afford it, the court will examine this claim against their circumstances, including their new spouse’s financial contributions to the household. The distinction is between a source of support, which a new spouse is not, and a parent’s own ability to pay, which their household situation informs.
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 not 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.
You may see the completion of a college degree listed as a ground for termination. That arises from the parties’ own agreement, rather than from the law. Many agreements include finishing four years of college, and the courts will enforce that clause. However, if that clause is not included, the age of emancipation will remain 21 years old.
The same point cuts the other way. A court cannot extend basic support past 21 simply because a child is enrolled in college. Support beyond that age comes from an agreement between the parents, or from Family Court Act § 413-b, which allows support to age 26 where a child is developmentally disabled, lives with the parent seeking support, and is principally dependent on them.
What Does Change Child Support
Under Domestic Relations Law § 236 (B)(9)(b)(2), a support order is eligible for modification on three grounds:
- A substantial change in circumstances
- The passage of three years since the order was entered or last modified
- A change of 15% or more in the gross income of either party
Parties may opt out of the second and third in a legally valid and properly executed agreement.
Contact an Experienced New York Attorney Today
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 Long Island post-judgment modification lawyer. Give the team at Barrows Levy PLLC a call today to learn how we can represent you during these difficult times.
