After finalizing your divorce, you may have moved on romantically with another partner. You may even have decided to remarry. However, you are worried about how remarriage will affect your existing child support order from your previous marriage. In New Jersey, remarriage does not systematically alter an existing child support order. Nevertheless, if the new marriage involves the birth of a new child, it could warrant modifications to the child support order. Although if you want to modify your child support order, you must take the matter up in family court. If you are seeking modifications to your existing child support order, contact one of our adept Monmouth County Child Support Attorneys who can help you navigate the complexities of this situation.
Does remarriage automatically alter an existing child support order?
When a couple gets divorced with children, the courts will determine a fair child support order for the non-custodial parent. Child support provides funds for the child’s necessities such as food, clothing, and housing. In New Jersey, remarriage does not automatically impact an existing child support order. Regardless of whether your ex has remarried, you are still obligated to pay child support. This is because the new spouse is not legally obligated to provide for the child. Although remarriage does not necessarily impact a child support order, the birth of a new child can. In the past, New Jersey recognized common law. Essentially, common law stipulated that when a new child was born it was not a valid reason for altering an existing child support order. However, in recent years, New Jersey has recognized that having a new child is a valid reason for adjusting a child support order. The courts not only take into account the best interest of the child from the prior relationship, but also the best interest of the new child.
How are modifications handled?
It is pertinent to note that having a new child does not automatically impact existing child support. Although having a new child is a valid reason for altering an existing order, you still must file a request in court to make modifications. When the court is determining whether modifications should be made to your current order, they will consider several aspects to determine what is fair. You will be required to submit financial documents to show your current financial status. This is required because your new spouse’s income may affect whether you can modify your child support. The courts expect that your new spouse shares financial responsibility for household expenses. They will consider this as it shows your ability to provide for your children. If you are sharing financial responsibility this means there is probably more income available for your child. Income is a factor in determining whether modifications should be made to an existing child support order. Nonetheless, it is imperative to have the right legal representation. A skilled Monmouth County child support attorney can assist you in proving the birth of your new child is a valid reason for your existing child support order to be adjusted.
If you are looking to modify your child support order after remarrying, please don’t hesitate to contact one of our trusted and determined attorneys. Our firm is committed to helping our clients request modifications to their existing child support order to reflect their current situation. Allow our firm to fight on your behalf today!