Can Remarriage Impact My Child Support Agreement?

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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.

Why choose our firm?

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We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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