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The Effects of Remarriage on Child Support and Child Custody

During divorce proceedings, child support, and child custody are two of the most disputed issues. Deciding who is granted custody and the amount of child support the custodial parent receives can take a long time to finalize, especially if both parties couldn’t reach an agreement. Both parents can seek the help of a child support lawyer so that they can arrive at a decision about the type of custodianship and amount of financial support to be extended by the non-custodial parent.

However, after divorce, another issue that the divorced parents may have to face is when one or both of them chooses to remarry.

What Happens if the Custodial Parent Remarries?

The custodial parent is considered the legal guardian of the child and makes the decisions regarding the child’s welfare. If the custodial parent remarries, there should be no impact on the visitation schedule nor the amount of financial support received from the non-custodial parent. However, the non-custodial parent may contest the original agreement, especially if the new spouse is able to provide additional financial aid to the child. Until no appeal is made, the non-custodial parent is obliged to continue paying child support.

If the new spouse decides to legally adopt the custodial parent’s child, he can only do so if the non-custodial parent relinquishes all their parental rights. While this rarely happens, in the event that the non-custodial parent decides to surrender parental rights, the non-custodial parent will no longer be obliged to continue child support payments. The new spouse who has legally adopted the child will assume parental responsibility, including financial support.

What Happens if the Non-Custodial Parent Remarries?

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Child support and child custody agreements remain the same, if the non-custodial parent remarries. The added income coming from the new spouse may result in a higher combined income but it should not affect the amount of financial support the non-custodial parent has to pay.

Similarly, child support should not change if the non-custodial parent decides to have children with the new spouse. While it may be financially challenging to have to support both the financial needs of the new child and the child from the previous marriage, the non-custodial parent is still obligated to continue fulfilling their responsibility.

If the non-custodial parent feels that there should be modifications in the child support agreement, the non-custodial parent may choose to seek legal advice. In this case, the non-custodial parent must prepare documents that will show a decrease or increase in income as it may be warranted by the court.

What Happens if the New Marriage involves Relocation?

Relocation can greatly affect the parenting plan and visitation schedule. If the custodial parent is the one who is remarrying and relocating, they should seek the court’s approval of the move. The court will decide if the relocation will be in the best interest of the child. If the remarrying parent is the non-custodial parent, a new visitation schedule may be arranged with the custodial parent to allow for longer visits.

Divorce does not inhibit either parent from forming a new relationship with other people. However, when the new relationship leads to marriage, changes may occur. A child support lawyer will be able to guide either party should they feel that the new changes would complicate the existing child support and child custody agreements.

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