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Is child support still possible after remarriage?

The first marriage doesn't always work out for some people. However, that doesn't mean it is impossible to find love again. You may end up finding your true soulmate after a couple years of separation from your first spouse. If you had a child during that first marriage, then that means you no longer have to worry about single parent issues.

However, there are still some parts that need to be taken care of. If your first spouse has been paying child support for the last couple of years, then they might take the opportunity to request a modification of the court order since having a new partner means you might not be as financially dependent. It is important to know what factors in the new marriage could result in potential changes to the child support order.

Income changes

One of the main circumstances that influence the amount of child support owed is the amount of money both parents make. If your new spouse has a job, that enough isn't a guarantee that the court will change the child support order. The North Carolina Department of Health and Human Services states that "except as otherwise provided, income does not include the income of a person who is not a parent of a child for whom support is being determined regardless of whether that person is married to or lives with the child's parents or has physical custody of the child."

So in most scenarios, the court would likely disagree with the other spouse that your new marriage is enough to make them decide to alter child support payments. However, they will not completely rule the possibility out if the other party gives good enough reasoning why they should consider the new spouse's income.

Other potential changes

Marriage can bring about numerous changes in a person's life. Depending on what changes in your life after your marriage, you or your ex-spouse might find certain factors that can influence the amount of child support you receive. Some of these changes include:

  • A new job
  • A new house
  • A new city or state
  • An additional child from your new partner

When it comes to child support, most of the arguments will ultimately focus on the well-being of your child. You may need more if your child develops a major disability, and your ex-spouse will request less when your kid gets older and starts needing less from you and from them. Single parents planning to get remarried should review what factors could affect child support payments and seek legal assistance in case they or their ex plans on modifying the court order.

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Buzzard Law Firm
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