Divorce cases do not necessarily end when the judge signs the decree. In many cases, one spouse is ordered to pay child support for their minor children. When one of the spouses remarries and starts living with their new partner, questions arise regarding child support. Our divorce lawyer in Speonk at Simonetti & Associates would like to discuss the common concerns of changes that can affect child support and maintenance. Continue reading to learn more!
If My Ex Remarries, Do I Need To Continue Child Support?
Children are the responsibility of both birth parents. The non-custodial parent is usually ordered to help pay for the expenses of raising their child. In New York State, the Child Support Standards Act (CSSA) dictates how the family courts award child support. Under this act, there are three elements of support:
- Basic Support – Regular, periodic payments.
- Contributions toward the child’s healthcare.
- Add-on contributions, such as child care.
The courts will strictly follow these guidelines to determine this support. In the event of a remarriage, the non-custodial parent is still required to pay their fair share of child support. Remarriage alone is not enough for a parent to modify their child support agreement. Whether you or your former spouse have remarried, their new spouse has no duty to support children from a previous marriage.
Can I Modify Child Support?
Either parent has an individual right to file a petition to modify the child support amount if a substantial change in circumstances occurs. These could include loss of income for the paying parent, or an increase in the needs of the minor child being supported. At Simonetti & Associates, our divorce lawyer in Speonk will evaluate your case and help you negotiate a fair and reasonable outcome that suits your family’s needs.
Contact Our Divorce Lawyer in Speonk
If you have questions regarding child support in the event of remarriage, Simonetti & Associates is here to help! With over 30 years of experience, our divorce lawyer in Speonk will work to resolve your case quickly while minimizing the stress that often comes along with these emotional cases. Be sure to contact us today to learn more and request a free consultation!