HOW DOES GETTING MARRIED AFFECT CHILD SUPPORT

BLOG

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. 

 

 

Share on:

knowledge & insights

Gavel with house split in half and cutouts of family on either side

Do I need a divorce lawyer if my spouse has one?

As people contemplate the divorce process, making a decision about whether or not to retain an attorney can be the first difficult choice that has to be made. There are not any matters in family court in the state of New Jersey that require a person to have an attorney to represent them. That being...

September 29, 2023 Read More

Man and Woman arguing on a green couch

What can be used against you in a divorce?

As people contemplate moving forward with divorce, it is important to focus on what can be used against you in a divorce. Each divorce situation has its own unique components and it is necessary to remember that even the most innocuous information can be damaging when you are going through the...

September 19, 2023 Read More

Man and woman arguing at a table with attorney

High conflict divorce

We often hear the phrase "high conflict divorce", but what makes a divorce high conflict? In these situations, the parties are engaging in certain behaviors that could be described as negative or even toxic, with the intention to delay or stall the process and create unnecessary, emotional pain or...

September 8, 2023 Read More

Divorce: The Answers you Need – Before, During & After

Download our eBook today!

  • This field is for validation purposes and should be left unchanged.

Newsletter

  • This field is for validation purposes and should be left unchanged.

follow us
Top