The new marriage of either party may affect the child support responsibility of the parties due to changes in one of the parties financial condition, financial situation, and household income due to the new marriage.
If either party’s new marriage creates a substantial change in either parent’s financial situation and/or financial condition, the court has jurisdiction to modify child support awards.
This is common in states like Florida. It is one of the most popular states in the United States. When a couple is getting married again, they have to face a lot of legal procedures. A common question asked by parents in this situation is, “Does getting married affect child support in Florida?”
Although the remarriage of one party does not automatically result in alterations of the child support obligations, the courts in Florida will take into consideration the effect of the new marriage upon each party’s ability to pay child support when modifying or determining child support obligations.
Is a Remarriage Going to Automatically Change Your Child Support Obligation in the State of Florida?
In Florida, a remarriage does not automatically modify child support but may have an indirect effect on the determination of child support if the new spouse changes how the biological parents are contributing to the support of their child.
Some important points to note are the following:
- A new spouse does not have an obligation to pay child support for the biological parent’s child.
- A child support order continues until it is modified by the court in writing.
- There must be evidence that there is a substantial change in circumstances before the court will modify a support order.
How Will the Income of a New Spouse Affect the Calculation of Child Support?
Generally, when calculating child support in Florida, the income of the new spouse will not be considered in determining the amount of child support, since only the income of the legal/biological parents of the child is relevant to child support determinations.
There are some instances where the income of the new spouse may produce a change in financial conditions that indirectly impact the determination of child support, such as
- Reduction of parental expenses due to the sharing of household expenses with the new spouse
- Increased stability of the overall household
- Change in the living/expense conditions of the parents
When Can One Change Child Support Following a Second Marriage?
If your second marriage results in a major change in finances, one of the parents has the right to apply for modification of support. Florida law requires major financial changes as evidence of the request being serious enough to qualify for modification. The term `major financial changes also has to meet two rules of evidence as part of proving the request is serious.
Some of the significant financial changes that warrant modification of child support are:
- Major increase or decrease of the parent’s income
- Change in employment status
- Major changes in housing expenses
- New financial obligations that impact the parent’s ability to pay for the child.
Does Remarrying Impact Alimony and Child Support Held Against You?
When a spouse has been granted support payments from their former spouse upon their remarriage, the spouse often may expect these payments to be eliminated upon remarrying. However, this does not apply to child support payments across the board.
The main reason for the distinction is that child support is not intended to benefit the parent; rather, the intent of child support is to provide for the child. Thus, even if one parent remarries, he or she still has the legal obligation to provide and support his or her child regardless of their permanent status of being married or unmarried.
Key Takeaways
- Florida law states that remarriage does not by itself result in a change of child support.
- The court only considers the income of the biological parents with regard to child support.
- The income of the new spouse may have an indirect effect on the biological parent’s financial situation.
- Only the court can change child support based upon a modification approved by the court.
- If they believe that the remarriage has substantially affected their current financial situation, parents should consult an attorney.
