How Can Remarrying Impact My Child Support Agreement?

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Your life is expected to change at the finalization of your divorce. And with these changes, you or your former spouse may believe that you must file for a post-judgment modification of your divorce settlement agreement. Continue reading to learn whether remarrying can impact your child support payments and how one of the experienced New Jersey child support attorneys at Haber, Silver, Simpson & Russoniello can offer you sound legal advice.

How are child support agreements decided in the state of New Jersey?

Like most states, New Jersey offers its courts a general formula to calculate fair child support payments. Basically, the courts will assess how much of your and your former spouse’s net income was used to support your child while you were still married and make their decision from there.

However, settlement agreements are made on a family-by-family basis. So contributing factors to the court’s decision may include, but may not be limited to, the following:

  • Your child’s special needs, if applicable.
  • Your child’s educational needs.
  • Your child’s age and health.
  • Your and your former spouse’s age and health.
  • Your and your former spouse’s work histories.
  • Your and your former spouse’s earning capabilities.
  • Your and your former spouse’s assets and liabilities.
  • Your and your former spouse’s tax considerations.
  • Your and your former spouse’s educational backgrounds.
  • The child custody agreement that was decided upon.

Will remarrying impact my child support agreement?

Simply put, remarrying alone will not impact your child support agreement. This is because the courts believe that you and your former spouse, as the legal parents of your child, should both contribute to supporting your child regardless of your current marital status.

However, if a post-judgment modification is filed, the courts may consider your other legal dependents for whether to change your child support agreement. This is because they view that your new children should not be denied any financial benefits simply because of your previous marriage.

Additionally, the courts may use your current spouse’s income as a factor in their decision on whether to modify your agreement. This is regardless of their view that your current spouse should not be financially responsible for your child with your former spouse.ย This is because, by remarrying, you may spend less of your personal income on household bills and there is then more disposable income for your child.

To reiterate, such decisions are made on a family-by-family basis. If you require legal representation to ensure that you receive a fair settlement, you must not hesitate in employing one of the skilled Morris County family law attorneys today. We look forward to hearing from you and to serving you.