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Is Remarriage Grounds for Child Support and Spousal Support Modification?
Family law has various crucial aspects that can be tricky to handle without the assistance of skilled family law attorneys in Clarksville. Child and spousal support after a divorce are some of these factors, with various questions arising about their payments after significant life changes, such as remarriage.
The law stipulates that you can apply for child and spousal support modification if you experience substantial and material life changes. Remarriage can be one of those changes, but you must understand how the state’s family law provisions play out on a case-to-case basis. Consult with family law experts to evaluate your options.
Will I Still Be Required to Pay Spousal Support if I Remarry?
Spousal support may be ordered during a divorce to address the financial inequality due to marriage dissolution. The idea is to ensure the spouse with less earning potential can maintain their previous financial status during the marriage as they try to transition into the workplace or return to school, if possible.
Divorce lawyers in Clarksville explain that if the options are unrealistic, for example, due to age or health status, the recipient spouse should continue receiving the payments for a period determined by the court. As the paying spouse, you are obligated to continue paying spousal support to your ex-spouse even if you remarry.
Taking on additional financial responsibility through remarriage is not a reason to terminate or modify a pre-existing alimony obligation. However, you could request a modification if the birth of a new child in the new marriage affects your financial situation due to the child-related expenses.
What if the Recipient Spouse Remarries?
If your ex-spouse remarries or cohabits with a romantic interest after divorce, you could file a petition to terminate spousal support payments. In the eyes of the law, your ex-spouse is no longer your responsibility.
However, gather enough evidence to prove your claims before you file a termination or modification petition. Courts don’t act on hearsay or suspicions, so you can’t claim that you heard of suspect that your ex-spouse has remarried or is cohabiting to have spousal support terminated. Consult Clarksville divorce attorneys for legal counsel to navigate the matter.
How Does Remarriage Affect Child Support?
Both parents of a minor child must continue providing financial support for the child after divorce until the child reaches the age of majority. Courts issue a child support order in such cases, specifying the parent who should remit child support to the other parent weekly or monthly.
If you remarry, it’s not automatic that you should file a child support modification request. If you do, the courts will evaluate various factors before granting your request:
New Spouse’s Income
In Tennessee, courts don’t directly factor in a new spouse’s income when calculating child support amounts based on a modification request. However, their income can have an indirect effect on the calculations. For example, if the custodial parent remarries and their new spouse’s income is significantly high, the non-custodial parent can request a review of the existing order.
The court can consider the high income when deciding whether to adjust the amounts payable. On the other hand, if the non-custodial parent remarries and their new spouse’s income is significantly high, it could also be a basis for requesting a modification of the child support amounts.
A spouse’s high income could mean that the non-custodial parent doesn’t have to work as much as they did in the past and can spend more time with the child. These factors can potentially affect the new calculations. Nonetheless, it’s important to remember that a stepparent can’t be forced to support a stepchild, so your financial obligation remains.
New Child
Adding a new child could also affect an existing child support order. The court will evaluate your financial responsibility for supporting the new child but won’t prioritize it over an existing order. It will review your case to determine if your financial situation has changed enough to warrant an adjustment.
Factors such as a change in income or increased expenses, in addition to the coming of a new child, can influence the court’s decision to grant your modification request. Remember that any modification must be significant to qualify for adjustment. The court’s primary concern is the child’s best interests, so a modification may not be granted easily.
What Should I Do to Modify an Existing Support Order After Remarriage?
If you want to change an existing spousal or child support order because of financial changes brought about by remarriage, the first step would be to consult divorce lawyers in Clarksville. They can help you understand the legal provisions available and whether your circumstances warrant a modification.
Next, they can help you file a petition in court, explaining the changes in your situation and why you need a modification. Evidence is crucial, so your lawyers will help compile the necessary documents. You will attend a hearing where the court evaluates your case and either grants or denies your request.
An Experienced Family Law Attorney Providing Legal Counsel on Support Modification After Remarriage
Remarriage can raise concerns about child and spousal modifications if it significantly changes your financial status. If you file a modification request in a family court, the judge will consider multiple factors before making the final determination. The process can be demanding, so it’s worth consulting experienced family law lawyers in Clarksville to navigate the intricacies.
The Law Offices of Hibbeler & Associates has a team of dedicated divorce lawyers who can work on your case. We understand how stressful it can be to balance new responsibilities and pre-existing financial obligations. Let us help you protect your rights. Call us at 931-236-2711 to schedule a FREE 30-minute case evaluation.
