What is the impact of remarriage on child support in New York?

What is the impact of remarriage on child support in New York?


During the divorce process, the courts will decide on a reasonable child support order for the non-custodial parent. The non-custodial parent is legally obligated to pay child support to provide for their child’s necessities such as food, clothing, and housing. After a divorce, it is not uncommon to find romantic companionship with another person. When this occurs, they may decide to remarry. Once they remarry, people often wonder how that will affect their child support order. Remarriage does not systematically impact child support orders. If you are interested in modifying your child support, contact a trusted Nassau County Child Support Attorney who can help you navigate the complexities of this issue. In addition, please continue reading to learn how remarriage could result in a modification of child support.

Can remarriage impact child support in New York?

Remarriage does not automatically alter a child support order. A parent must request that modifications be made to their existing order through the courts. Nevertheless, they must have a valid reason for requesting a modification of their child support. Regardless of whether a parent has remarried, they are still legally required to pay child support. When a person remarries, their new spouse is not legally obligated to provide for their spouse’s child which was from a prior relationship. Remarriage does not impact child support, unless, however, the remarriage has resulted in the birth of a new child. In this case, remarriage could potentially result in a modification to the child support order as the court must acknowledge the new child. In the past, New York did not consider new children as grounds for modifying a child support order. However, now Common Law is viewed differently. Today, New York acknowledges that the new child’s needs are grounds for changing a child support order. The courts must not only take into consideration the child from the previous relationship’s best interests but also the best interests of the new child when determining a fair child support order. Having a new child is a valid reason for a modification of child support. Furthermore, the courts will consider the new spouse’s income when determining a modification request. Modifications can only be made if the resources available to both parties are not sufficient to support the new child. Essentially, this means if the new spouse’s income makes the combined household income greater than your previous household income you will not be able to use this as a valid reason as you have sufficient funds to care for both children. Ultimately, remarriage can affect child support if there is a new child.

If you or a loved one are seeking to modify their existing child support order, please don’t hesitate to reach out to one of our qualified and adept attorneys. With years of experience, we can help you understand how remarriage could potentially warrant a modification of your child support. Allow our firm to represent your interests in court today.


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