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A parent who is considering marrying again will likely be curious as to how the remarriage will impact any child support payments they make or receive. There are a variety of different factors that affect these payments, but most child support arrangements are not changed in any significant way. Here, the family law attorneys at Brown, Burgoon, & Hartnagel, P.C., in Nanuet, NY, share some insights below.

Custodial Parents

According to family law, a custodial parent is the one with whom the child primarily lives or the one who has been awarded sole custody. If a custodial parent remarries, the marriage does not negate the other birth parent's responsibility to financially support the child. The other birth parent, however, might feel that the new combined income of the primary home is sufficient cause to alter the child support order in a way that more accurately reflects the increased resources available to meet the child's needs. In that case, the parent has a right to file a request to amend the child support order, but they are still obligated to make the regular payments as stipulated until a judge amends the original amount.

Noncustodial Parents

divorce lawThe noncustodial parent is the one paying child support. According to these family law attorneys, their responsibility to financially support their children from a previous relationship is unaffected if they remarry. A possible issue that is raised when a noncustodial parent remarries is whether the higher combined income of the household necessitates a higher support payment. In the vast majority of situations, there would be no increase in the amount of support; a new spouse has no legal responsibility to financially care for their partner's child from a previous marriage.

If you're a divorced parent who is remarrying and you're not sure how the union will impact any child support payments you make or receive, let the family law attorneys at Brown, Burgoon, & Hartnagel, P.C. help. For more than 25 years, they have been representing Rockland and Orange County residents in divorce and family law matters, as well as child custody and support cases. They also handle personal injury, business and taxation, and real estate issues. Call (845) 624-1966 or visit them online to arrange a free consultation.

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