Do My Child Support Payments End if I Get Remarried in New Jersey?
No. In a majority of New Jersey child support cases, child support does not end if you get remarried. However, the details of that child support may change, and you will likely have to modify your child support payments to reflect your new circumstances.
So how is child support determined after you get remarried, and how do you plan accordingly as you move through the next stages of your life?
The experienced family attorney at the Law Offices of John B. D’Alessandro is committed to helping you navigate the nuances of child support payments and other family law matters. Reach out to our team today to schedule a free case consultation and get clarity on all your questions and concerns.
Child Support in New Jersey
Remarriage does not impact whether or not child support will need to be paid out, but it might change how much child support one parent will be responsible for. Before an individual gets remarried, the amount of child support they will be responsible for depends on several factors, with income being the top driving factor. Following a remarriage, this income level may change. and with this change, child support responsibilities may be impacted.
After an individual gets remarried, they will still be responsible for making child support payments. However, the amount of the payments may change depending on the circumstances of that new marriage. For example, if your new marriage results in adoptive children or new children, then you will have new dependents you are responsible for. These new dependents will increase your financial obligation, which can factor into how much child support will go to the child(ren) of your previous marriage.
Historically, child dependents under a new marriage were not a valid reason for modifying the child support payment for your previous children. The consensus was that previous children should not be made to lose out on financial support because of a parent’s decision to have more children. Modern statutory child support guidelines may change that calculation.
How Does Remarriage Impact Child Support?
If you get remarried, your new spouse’s income will likely change the dynamics of your household income. Your spouse might help contribute to daily household expenses, medical bills, and other financial obligations. Additionally, if you have children with your new spouse, the household income and the allocation of that income will also change.
So how does this tie in with child support? New Jersey courts do not look at your new spouse’s income as your income when calculating child support, but the courts do take into consideration your household income and how your personal income factors into the overall household income.
There will always be cases where one parent chooses not to work and not to earn an income even though they are fully able to do so. Some parents might have a legitimate reason for not being able to earn an income, while other parents might do this to try to get out of paying child support.
In such cases, a court may choose to impute income. Imputed income is when a judge attributes a level of income to the parent who is not earning one. Several factors will be taken into consideration when determining imputed income. These include the parent’s:
- Work history
- Marketable and occupational skill
- Previous educational background
Speak With a Family Law Attorney
Remarriage should be a time of celebration, but questions about child support payments can quickly dampen that joy. At the Law Offices of John B. D’Alessandro, our team will help guide you in all your questions and concerns involving child support payments and how they might be impacted after a new marriage. Reach out to our team today to schedule a free case consultation on your case and get the answers that will help you move forward in confidence.