Life does not end after divorce. If you’re hearing wedding bells in the future, you may be thinking how can my new marriage effect my current child support obligation. In New York, the courts use a complicated guideline to calculate support. Typically, the guideline do not use the new spouse’s income but, like all things, different circumstances may dictate if a new spouse’s income should be considered.
Remarriage and Child Support in New York
Remarriage does not systematically alter or end a child support obligation. The paying parent still has the obligation to support his or her child, regardless of their marital status. When a non-custodial parent remarries, the new spouse’s income does not necessarily mean the paying spouse’s obligation should increase. While the new spouse’s income may give rise to more disposable income, or the affordability of a different lifestyle than the paying spouse had prior to the marriage, it does not mean the new spouse should contribute the child support. However, if a paying spouse decides to stop working because the new spouse makes a substantial income to support their marriage, the paying parent may still have the same exact support obligation. While this may be a general rule for new spouse income, there may be reasons why a court may deviate from this rule. For example, if the child who is the subject of the support utilizes public assistance the court may decide to use the new spouse’s income in determining if a new support is required.
If you are thinking about remarrying or have recently remarried, and you have questions about how it may influence your child support obligation, it may be worthwhile to consult with a family law attorney. An experienced family law attorney can assess your situation and help you understand your rights.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.