Deciding to remarry should be nothing short of an exciting time in your life. With this, your excitement should not diminish by worrying about whether your child support agreement will be impacted by your decision. Follow along to find out if remarriage can alter or terminate your child support and how a proficient Suffolk County child support attorney at The Law Offices of Susan A. Kassel, P.C., can assist you in fighting off any post-judgment modifications.
How can remarriage impact my child support agreement?
When you decide to undergo a divorce, the New York courts will follow a general formula to calculate which parent should make child support payments and how much these payments should be. This general formula essentially calculates the new income of both you and your former spouse. However, the New York courts will also put other factors into consideration that do not necessarily have a set dollar amount tied to them. This may include your and your former spouse’s age and health, your child’s special needs, etc.
With that being said, though many factors contribute to this decision, remarriage is typically not one of them. This is because the New York courts believe that a parent should be responsible for supporting their child regardless of a new marital status. Say, for instance, your new spouse offers you more disposable income after you remarry. Or, say that your former spouse no longer works after they remarry. In both cases, the noncustodial parent should still abide by the agreed-upon child support payment amount.
What factors can impact my child support agreement?
This is not to say that a child support agreement is permanent. If your former spouse files a post-judgment modification, they may be able to alter or altogether terminate their payments. This may reign true if any of the following apply:
- Your child is now the legal age of emancipation in New York, which is 21 years old.
- Your child is 18 years old or older and is deemed to be financially independent.
- Your child is now in the military.
- Your child is now married
- Your child is now done with their college education.
Will remarriage impact my alimony agreement?
Importantly, alimony agreements go by a different set of rules. Alimony, otherwise known as spousal maintenance, is a means to becoming financially independent after the finalization of your divorce. So, upon hearing about your remarriage, your former spouse may petition for a post-judgment modification. With this, they may have a valid argument that you are now receiving financial support from your new spouse and no longer require these alimony payments.
If you foresee yourself undergoing the post-judgment modification process, you must not go forward without retaining the services of a talented Suffolk County post-judgment attorney. Call our firm as soon as you possibly can.