HOW DOES GETTING MARRIED AFFECT CHILD SUPPORT

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HOW DOES GETTING MARRIED AFFECT CHILD SUPPORT

Hands with wedding ring and fingers interlockedYou may be facing a remarriage or the remarriage of a former spouse and if so you’re probably wondering if getting married affects child support. In New Jersey, generally, child support will not be impacted by remarriage. So, what exactly does this mean?  In most cases, child support amounts do not change if you or your child’s other parent gets married. The reasoning for this is that usually the only people that have a financial responsibility toward the child are the child’s parents. As a result, the new spouse’s financial situation should not be considered in most circumstances. It is the responsibility of the child’s parents to ensure that the children live a lifestyle commensurate with the lifestyle of the parents.

Can child support be lowered if I have another child?

Having another child can impact child support. If you or your child’s other parent is having another child, that child will be considered for the purpose of recalculating child support. In New Jersey, child support is calculated in accordance with the New Jersey child support guidelines.  There are deviations from the guidelines in certain situations, such as when the parents’ income exceeds a certain amount. For the purposes of calculating child support, that child is referred to as the “other dependent deduction.” While a step parent does contribute toward the support of a stepchild in many circumstances, because there is not a legal obligation for the step parent to do so, the general rule in New Jersey is that a new spouse’s income is not considered for the purposes of calculating child support. 

Can I get more child support if my ex remarries?

Remarried parents may often wonder how remarriage affects child support and whether it is a basis to calculate child support. New Jersey courts will not consider remarriage itself as a basis to modify child support. When there is a child born of the new marriage the person paying child support often referred to as a “payor” may seek a child support reduction based upon the fact that now this person has a new dependent. However, in order to seek the benefit of this deduction the new spouse’s income must be disclosed. These issues might lead you to wonder about the difference between alimony and child support. You may be wondering if your new spouse’ income can be considered for alimony. Alimony is support for the spouse and child support is an obligation to provide support for the child. New Jersey recognizes that it is the right of the child of a divorced situation to be supported by both parents, which essentially means that the parents are jointly legally responsible to provide for their children. The calculation of child support is determined based upon the adjusted income of the parents. Any pre-existing alimony or child support obligation that either party has will be considered. Any new alimony obligation created as a result of the divorce and any alimony received by either one of the parents will be considered for purposes of calculating that parent’s child support obligation. These financial issues should be considered at the time of a divorce or when preparing for a new marriage.  

Understanding how getting married affects child support is critical in planning your future. It is essential to consult with experienced family law practitioners to address child support issues and to understand how child support works in New jersey. Contact our legal team at DeTorres & DeGeorge today to answer all of your questions concerning the payment or receipt of child support when married, questions you may have about marrying someone who pays child support, and understanding how child support is impacted by a new marriage.  It is important for you to understand how getting married affects child support. 

 

 

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