Making sure your children are provided for financially is an important aspect of divorce law. Child support is for the benefit of your kids and is designed to make sure your children’s’ lives are as uninterrupted as possible during and after divorce. So what happens when your ex remarries? A common question that arises is whether child support is still due when there is a remarriage by the custodial parent.
The rule of law is that child support remains due, as ordered, for as long as the order is in place. To make a change in child support, the party asking for the change has to go back to Court and seek a modification of the child support order. Remarriage may be a factor the Court takes into consideration when a modification is requested, but the financial support of kids remains the responsibility of the biological (or adoptive) parents:
● Stepparents are typically not held responsible for the financial support of children.
● The biological mother and father must provide for the financial well-being of their children.
● Adoptive parents are treated the same as biological parents when it comes to who has the obligation to provide financial support for kids.
Seeking a change in the amount of child support paid is done by motion, and good cause must be shown in order for the Court to grant a modification. Changed circumstances such as a change in job, or additional dependents are taken into consideration by the Judge when determining whether to modify a child support order. The needs of the children are put first, and the Court will issues its orders in line with what is in the best interests of the children. The custody arrangement is another factor to be looked at, but it is important to remember every case is different. Our approach is to review the specific facts of your case and advocate for what fits best according to the facts of your situation.
Our staff of competent family law attorneys in Stuart and the Treasure Coast is familiar with the child support guidelines and advocates for results that work for you. We work with you to reach satisfactory results while looking out for what’s best for your children. Contact us to schedule an appointment today.