Considering how common remarriage and blended new families are, it is only logical to consider what, if any, impact, getting remarried and having a child with a new partner might have on current, existing child support obligations. The answer is, it’s complicated and it depends. In this kind of situation, you will need the help and support of a family law attorney well versed in the nuances and complexities that go into calculating child support. At the Law Offices of Janice Cho, APC, we are adept at navigating the complexities of child support and balancing the competing needs in such difficult situations.
Remarriage of the Payor
When the child support payor remarries, the income of the new partner does not typically factor in the calculation of child support for a child from a previous relationship. That being said, there are occasional circumstances that may warrant the inclusion of the new partner’s income where there is a significant impact on the payor’s circumstances. While remarriage may bring a variety of changes, including financial, to the situation, the obligation to support the child from an earlier relationship remains ever present.
Remarriage of the Parent Receiving the Child Support
When the parent who is receiving the child support remarries, the same general rule applies regarding the new partner’s income. It is generally not included in the calculation of the support for a child from an earlier relationship. However, where the remarriage triggers changes in living expenses and/or financial circumstances, these changes may be considered by the court when evaluating the needs of the child from the earlier relationship.
Birth of Subsequent Children
When the new marriage of either party results in the birth of subsequent children, this too can impact child support calculations for earlier families. When a parent, who is obligated to pay child support, has additional children with a new partner, the financial responsibilities may shift. The family court must then weigh the needs and wellbeing of all the children in the situation when allocating support resources. The birth of a subsequent child does not trigger an automatic modification of an existing child support order. This can only be done by filing a request for a modification of the current support order by either parent.
How Oakland Divorce Lawyer Janice Cho Can Help
Requesting a modification of an existing child support order when there are new children present in the blended family equation can become quite complicated and nuanced. We are here to help you, with our expertise and understanding of the complexity that goes into calculating a fair support order. The Law Offices of Janice Cho, APC aims to understand and resolve child support calculations and disputes efficiently and effectively.
Call (510) 925-2651 when you need the assistance of an experienced Oakland divorce lawyer.
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