Understanding the Impact of Remarriage on Child Support in New Jersey

If you are a divorced parent in New Jersey, you might be wondering how remarriage will affect your child support payments. It’s normal to have questions, but there is no need to worry. This article will give you a better understanding of how child support works in New Jersey and what happens when you remarry.

What is Child Support in New Jersey?

New Jersey has guidelines in place to help family court judges determine how much child support a parent should pay. These guidelines take into account the amount of net income the parent spent on the child before the divorce or separation. The goal is to provide the same level of support for the child as before the separation or divorce, despite now having two households to support with the same income as before.

While New Jersey’s guideline support is typically presumed correct, it is important to note that there are exceptions. Judges have the discretion to deviate from the guidelines if the circumstances require it. If you already have a child support order in place and want to modify it, you will need to demonstrate to the judge that the change is fair and necessary.

Impact of Remarriage on Child Support

Remarriage does not automatically impact child support, but it can impact it indirectly. If you or your ex-spouse remarries and has a new child, that child will be your legal dependent, and the child support calculation might need to be revised. Fortunately, New Jersey child support guidelines consider “other legal dependents of either parent” as a factor to be considered when adjusting child support payments. This means that a new spouse’s income could be taken into account to determine child support.

How Courts Evaluate Remarriage and Child Support

When you request a child support modification, you will need to submit financial documents, including your current spouse’s income information. While a new spouse’s income is not considered the parent’s income, it is relevant to the court’s decision. The court will consider the parent’s ability to cover their household expenses and will factor in the new spouse’s contribution to those expenses. If a parent (or their new spouse) is underemployed or voluntarily unemployed, the court may attribute or “impute” some income to that parent.

Conclusion

If you are a parent in New Jersey, the prospect of remarrying can be both exciting and daunting. It’s important to understand how remarriage can impact your child support payments. If you need to modify your child support order, it’s essential to consult with a qualified family law attorney, such as Attorney Todd Spodek of Spodek Law Group. With years of experience in family law, he and his team will help you navigate the complexities of child support in New Jersey, ensuring that you receive fair and equitable treatment in the family court system.

Remarrying After a Divorce in New Jersey: Financial Considerations

After going through a divorce, many people hope to move forward with their lives and find a new spouse. However, those considering remarriage should be aware of the potential financial implications that come with this decision, particularly when it comes to child support and alimony. If you are considering remarrying, it is crucial to take these matters seriously and speak with an experienced family law attorney to ensure that you are making informed decisions that are in your best interests.

When a custodial parent who is receiving child support and alimony remarries, the former spouse has the right to inquire about their continued financial obligations. For example, if the custodial parent’s new spouse has a significant income, the non-custodial parent may wish to modify the financial agreement from the divorce. While increased family obligations on the part of the supporting spouse will not impact the support provided to the former spouse, there are some situations that could influence the divorce agreement.

If the spouse receiving alimony is awarded open duration or limited duration alimony, the support ends when they remarry. Additionally, depending on the type of alimony paid, there may be a motion to modify the agreement. There can also be a motion to modify child support, or to establish specific obligations to pay for college education. In the eyes of the court, remarriage is considered a “change of circumstances,” which could impact the divorce agreement.

What Happens to Child Support After Remarrying?

When a custodial parent who is receiving child support and alimony remarries, the non-custodial parent may request to modify the child support settlement to account for the new financial situation of the custodial parent. The supporting former spouse may ask their attorney to examine the new spouse’s financial contributions for expenses during the discovery process, and the obligation of the non-custodial supporting ex-spouse may be reduced as a result. While the new spouse’s income cannot be considered as income belonging to the custodial parent, it is relevant to determine the resources available to the custodial parent and could impact the obligation of the former spouse.

If you are considering remarriage after a divorce in New Jersey, it is important to understand the potential impact on your financial obligations. The Spodek Law Group, led by Attorney Todd Spodek, has extensive experience in handling family law matters and can provide the guidance and support you need. Don’t make the mistake of overlooking the potential implications of remarrying. Contact us today to schedule a consultation and discuss your options.