Can remarriage affect my child support in New York?

Can remarriage affect my child support in New York?

child support

If you are divorced with children, you may have met someone new and plan to remarry. However, you should note that remarrying can affect your child’s support. Ultimately, it depends on your situation as everyone has different circumstances.  Generally, when a married couple gets a divorce and they have children, the court will award child support to the lower-income parent. However, if you remarry, this award may be modified if applicable. Changes may decrease or increase your child support depending on your situation. If you are considering remarriage and are concerned about the impact it could have on your child support, contact an experienced Nassau County Family Law Attorney who can help you through the changes that may apply to your child support when remarrying. 

Will remarriage impact my child support in New York?

Remarriage can affect child support in the event of remarriage. A remarriage, however, will not automatically trigger such a modification. When a custodial parent or non-custodial parent remarries, their new spouse has no obligation to support their new stepchildren. Therefore, you may not have to necessarily pay more because you have a higher household income.

Furthermore, remarriage doesn’t modify child support alone. Nevertheless, parents can choose to modify child support if they please by requesting an order. The court will review all of the factual information involving the case including financial documentation and change the existing order as needed. Although you must prove a change in circumstances to the court to modify the child support. The court may also consider any additional children’s needs. if you have a new child with someone you remarried, that can be a basis for modifying your child support award.

How is child support determined in New York?

In New York, a non-custodial parent is required to provide child support to the custodial parent to cover the child’s basic needs such as food, clothes, housing, medical, education, and other related expenses. New York courts use complicated guidelines to determine child support, CSSA. Using this method, a judge will determine what is paid in child support by determining the parent’s combined income, then multiplying that number by a percentage based on the number of children you have. Under New York law, both parents must financially support their children until they turn twenty-one years old. However, if the combined income is greater than $141,000, the court will follow a different procedure.

Remarriage cannot systematically alter your child’s support. If you are concerned about how your remarriage will affect your current child support, reach out to a qualified and adept family law attorney who can help you protect your interest. You can rely on us to help you understand how remarriage may modify your child support award.

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