What Happens to My Child Support if I Remarry?
If you are getting remarried in Tampa, here is what you should know about how saying “I do” may impact your child support award.
When parents of shared children divorce, the court will typically order one parent to make child support payments to the other. The amount that a parent is ordered to pay is based on how parenting time with the child is split, as well as the income of both parents and the standard needs for the child.
When there is a significant change in circumstances, the support order may be modified to reflect that change. Here is what you should know about what happens to child support in the event of a remarriage.
Will a Child Support Award be Impacted if I Remarry?
The first thing to know about getting remarried and its impact on a child support award is that remarriage will not directly impact the award. In other words, simply getting remarried is not grounds to modify a child support award. However, the new marriage may have an indirect impact on a child support award, as the new spouse’s income may need to be considered when calculating a child support payment. Indeed, a child support amount is based on the income of both parents.
Note that while more income may make it seem as though a child support award would be increased, sometimes, the opposite happens. For example, if a non-custodial parent remarries and has more children with the new spouse, the existing child support order may actually be reduced to ensure that the parent has enough income to provide for all of their children.
Filing a Petition to Modify a Child Support Order
In order to change a child support order, a parent must file a petition with the court. The petition must state that there has been a substantial change in the financial circumstances of one or both parents and must supply evidence supporting that claim. If both parents agree to the change, then they can file the petition together; in most cases, though, one party is opposed to the requested change, and the court will schedule a hearing. During the hearing, each party will have an opportunity to make their case before the court.
Get Help Modifying Your Child Support Order in Tampa
Whether you have remarried or your ex-spouse has recently remarried, if the financial situation has changed and your current child support order seems unreasonable based on the current circumstances, our experienced South Tampa family law attorney can help. At the Law Offices of Mark G. Rodriguez, P.A., our lawyer will work with you to gather evidence to support your case, will handle all of the paperwork associated with your petition, and can represent you during a hearing.
To learn more about your rights and options when you or your ex remarries and you have an existing child support order, please reach out to the Law Offices of Mark G. Rodriguez, P.A. directly by phone or email. Our South Tampa family law attorney has years of experience and will aggressively advocate for you.