If she re-marries does that affect child support?

FUMoney · 2023-10-02T10:55:44+00:00

Check the local laws in your jurisdiction concerning how child support is calculated.

It is highly likely, however, there will be no offset or reduction, because the new guy is not the biological father, you are, and he has not adopted the children -- you are their father, you have shared custody, and that gives you legal rights and responsibilities (including the jurisdiction-mandated child support).

It would be an entirely different story if this were alimony / spousal support, where in many jurisdictions, upon a second marriage, alimony will either be recalculated, or even eliminated. That's because the "new guy" is legally recognized as the "spouse" or "husband," which is much different than the situation with children who are not his.

pk2at · 2023-10-02T19:31:53+00:00

No harm in filing and asking for reduction

life-is-short- · 2023-10-02T21:44:34+00:00

Think of it different way. Are you ok to pay more in CS if you marry again other women considering your family income goes up? I assume no as your new wife has nothing to do with your children. Her only role would be to make it comfortable when they come. Same for your ex husband. He has nothing to do with your kids unless they are adopted. He do not even has any legal rights to them.

Mcgj8689 · 2023-10-02T11:22:17+00:00

It is based solely on your and her income and income capacity and the new husband’s income is not taken into account at all. It’s not his child it’s yours and though he may be able to pay for things for the betterment of your child it has nothing to do with your actual obligation.

RevolutionaryLaw8854 · 2023-10-02T11:46:52+00:00

To put it simply - nope.

NotUsedUsernameYet · 2023-10-02T07:46:36+00:00

Not a lawyer.

Assumption is that new husband’s money aren’t spent on your children. Theoretically if she marries person with much higher income CS can even go up because now she will be in higher tax bracket compared to yesterday and her take-home pay goes down. But I never heard about CS being increased for this reason in real life.

OutlawShah · 2023-10-02T23:40:48+00:00

Not exactly. In California what will happen is that they will take the new spouses income into account but that’s only to get the tax settings right on the calculator. So if they make a combined income that is in a higher tax bracket and are married filing jointly it’s actually weird in that it helps her because the calculator reads it as she has less net income left over after.

Beyond that aspect of she has another child that has an impact because the calculator allows for what is called a “hardship” child to be added. This tells the calculator that some amount of support to that child, if you are the one paying and have a hardship child it lessons the amount do child support you owe to some degree.

Short answer: A little.

tdwriter2003 · 2023-10-02T23:52:18+00:00

Clarify for me this issue but if he gets remarried ( the guy paying child support ) And he has a stepchild that's he's helping to support and I believe the calculation could change in his favor slightly.

Key_Preference_4594 · 2023-10-04T13:42:21+00:00

Means you get the privilege of paying another guy too. Welcome to America

Title	If she re-marries does that affect child support?
Author	Is0prene
Upvotes	16
Comments	17
Date	October 2, 2023 6:56 AM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/16xpov7/if_she_remarries_does_that_affect_child_support/
Archive Link	https://theredarchive.com/r/Divorce_Men/if-she-re-marries-does-that-affect-child-support.1233715 https://theredarchive.com/post/1233715

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