What Happens to Child and Spousal Support when a Divorcee Remarries?
Non-custodial parents typically are left with paying child support after a divorce. Moreover, depending on the custodial parent's ability to support herself, Texas family court may award spousal support as well. If you are the non-custodial parent, and the other party has remarried, you should discuss the matter with your Bryan divorce lawyer to determine your options.
Child Support after a Custodial Parent's Remarriage
When child support is awarded in a divorce case, the court has in mind that it is the responsibility of both parents to provide for the needs of any children produced in the marriage. Child support, then, is based not so much on how much the custodial parent earns, but on what the needs of the children are. Texas family courts have a formula for calculating this based as a percentage of the non-custodial parent's earnings and the number of children.
When the custodial parent remarries, the income of the new spouse is not considered because that individual is not regarded by the court to have any financial responsibility to provide for the children. In other words, the responsibility for the children's needs remains with both legal parents. Moreover, since the new spouse's income is not considered, the effect on child support payments made by the non-custodial parent will likely not change unless under a highly unusual circumstance. Therefore, if you are paying child support, you will be required to do so as long as your children are minors.
Spousal Support after Remarriage of the other Party
Spousal support is granted based on the earning power of the smaller wage earner, or the custodial parent if children are involved. Often one parent either does not work while the children are growing up, or they may accept a lesser work position to afford them more time to take care of the children. In such as case this parent is at a disadvantage once a divorce occurs. Texas family court tries to make up for this disparity by having the other party pay spousal support.
Should the party receiving spousal support remarry, the fact will likely have no impact on the amount of support obtained. This is because, as mentioned, the matter the court takes into consideration is this party's earning ability, not a new spouse's paycheck. That said, naturally exceptions can occur under unusual circumstances.
For Assistance with a Divorce or Related Matter
Even long after a divorce its effects on both parties is likely to be felt, both emotionally and financially. If you need help with a child or spousal support matter, speak with a Bryan divorce lawyer. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.