You may wonder how marriage and child support impact one another, especially if you or your ex plan to remarry at some point. The following frequently asked questions about marriage and child support will help you gather the facts you need and begin to plan for how a new marriage could impact your family's current child support arrangement.
How Does a Marriage or Remarriage Affect Child Support Payments?
Generally speaking, when a parent remarries, the new marriage does not affect previous child support orders.
Why? Because the only income that should be included when calculating child support payments is that of the biological parents. The income of either parent's new spouse should not be considered when estimating how much child support will be received or paid.
What About Back Child Support Payments?
When a parent who owes child support remarries, the new spouse's income cannot be tapped for past due child support payments. While the court can garnish the wages of the child support obligor, the court cannot look to a new spouse's income to satisfy a child support judgment. However, the new spouse can voluntarily offer to assist with the payments of old or current child support payments if he or she wishes to provide assistance. While this cannot be mandated by the court, it is certainly not prohibited for a new spouse to help out in this way.
How Will My Tax Return Be Affected By Back Support As a New Spouse?
As a new spouse, can the government take my tax return to pay the back support payments my spouse owes?
No, but this can get tricky if you file a joint return. In general, the government can—and regularly does—confiscate a child support obligor's tax return to satisfy owed child support payments. And if two spouses file income tax returns together, in the form of a joint return, then the court may confiscate the entire return.
However, the spouse who does not owe child support can petition the IRS for a return of his/her half of the tax return.
What If My Ex Requests A Child Support Modification Based On My New Marriage?
Your ex-partner cannot request a child support modification based solely on the fact that you've remarried. However, he or she can request a child support modification, if warranted, based on an increase or decrease of income. In addition, some states restrict the frequency of child support modification reviews and will only revisit an existing child support arrangement every three years.
Will the Court Consider Additional Household Expenses Related to My New Marriage When Reviewing or Recalculating My Child Child Support?
Yes, the court will consider additional expenses that a child support obligor is responsible for as a result of a child support modification request. For example, a parent paying child support may have an increased amount of household expenses as a result of the marriage, which may reduce his/her's child support obligation. Parents should be prepared to present evidence of expenses at a child support hearing.
Will the Court Consider the Children I Have with My Current Spouse As Grounds for Child Support Modification?
Children from a previous relationship are considered to have first priority for child support purposes. The court will not consider additional children from a new marriage. However, a court will consider additional expenses attributed to new children (i.e. childcare or medical expenses), paid by the biological parent.
Edited by Jennifer Wolf.