After a divorce, particularly one with children, the idea of remarriage may seem far off—if not impossible—for many. But getting remarried can be a wonderful and uplifting thing, breathing new life into a person who once thought their romantic days were behind them.
As wonderful as getting remarried after a divorce may be, it can also complicate existing divorce settlement agreements, including an order for child support. If you have questions about how remarriage can impact your child support order, call our family law attorney at the Law Office of Heather M. Ward today.
How Courts Calculate Child Support in Massachusetts
Child support in Massachusetts is based on Massachusetts Child Support Guidelines. The guidelines consider the income and earnings of both parents, the number of children for whom support is being requested, and any special needs of the child. The more income and the more children, the higher the support order will be. The amount of child support that the non-custodial parent will pay is proportionate to their contribution to the total combined income of the parties.
Will One Parent’s Remarriage Impact Child Support?
One thing that’s for sure true about the remarriage of a parent who is receiving or paying child support is that the support order will not eliminate the support. Regardless of remarriage, both parents are responsible for supporting their child financially.
With that in mind, something that may change is the amount of child support. If the remarriage impacts the paying spouse’s finances, this could warrant a modification of the support order. Remember, child support is based on the combined income of the parents—if one parent’s income increases because of a remarriage, this should be considered.
How to Modify Child Support in Massachusetts
If you believe that a substantial change in circumstances has occurred due to a remarriage, and you believe that this change warrants the modification of your child support order, the first thing that you should do is speak to your ex. If you and your ex agree to the change, you can jointly request the modification before the court. If you and your ex are in disagreement, then you will need to file a complaint for a modification of a child support payment with the court. It is strongly recommended that you work with an attorney when filing this complaint.
Get the Legal Support You Need Today
If you or your ex are getting remarried, it’s important that you understand the consequences for your divorce judgment, including how it may impact your child support payments. At the Law Office of Heather M. Ward, our experienced Massachusetts family law attorney is here to support you throughout the process of seeking a modification and understanding your rights. Call us today to learn more at (617) 903-8955.