How Getting Remarried Can Impact Child Support and AlimonyBy Moskowitz Law Group, LLC |
At the conclusion of the divorce process, ex-spouses are often left with child support and alimony agreements to guide them through their financial obligations moving forward. These contracts are not necessarily set in stone. There are certain situations in which the amount you owe or are owed can be adjusted based upon a permanent and substantial change in circumstances, usually financial.
Remarriage of either party after a divorce could be grounds for a change to child or spousal support agreements. If you are unsure of how getting remarried can impact child support and alimony for your family, an attorney at Moskowitz Law Group can help you understand your options.
How Remarriage Affects Alimony
During divorce proceedings, alimony, which is also known as spousal support, is often awarded to one of the parties to help them meet their financial obligations. If the receiving party gets remarried, the paying individual’s alimony obligation automatically ends.
An individual who is receiving spousal support payments must notify their ex-spouse when they get remarried. If the newly remarried spouse fails to notify the paying spouse, the payor can file a motion in court to receive back pay of the payments made since remarriage.
An exception to this rule is rehabilitative alimony, which is intended to help the receiving party raise their earning capacity. Rehabilitative alimony obligations do not cease in the instance of a receiving party’s remarriage.
What if the Receiving Party Is Cohabitating but Not Married?
Sometimes, individuals receiving alimony avoid getting remarried so that they do not lose payments. However, the paying individual could take legal action if they suspect the other party is cohabitating with a new partner. Cohabitating refers to living with someone in a mutually supportive, intimate personal relationship in which the couple has undertaken duties and privileges that are commonly associated with marriage or civil union but does not necessarily maintain a single common household. A court could determine that someone is ineligible for spousal support once they start cohabitating with a partner. A court can find that a party is cohabitating even if they do not live with their partner full-time because couples may maintain two separate homes in an attempt to ensure alimony is not suspended or terminated.
Stepparents and Child Support
Stepparents are not obligated by law to financially support a stepchild. Remarrying does not inherently change one’s eligibility for child support, but there are circumstances where someone could be able to revisit and amend child support payments.
If either parent gets remarried and has children with their new partner, this could lead to a modification of the existing child support order. A knowledgeable family law lawyer can help parents navigate the process of adjusting a child support agreement in court.
Let a Skilled Family Law Attorney Explain How Remarriage Affects Child and Spousal Support
The aftermath of a divorce can be complicated, especially when changes need to be made to the agreements put in place. If you are ready to update your child and spousal support contracts after you or your ex-spouse have remarried, do so with the help of an experienced legal professional. A family law attorney at Moskowitz Law Group can discuss the impacts of remarriage on child support and alimony with you and help you make the changes necessary to support your family. Call today to get started.