After your New Jersey divorce was finalized, the court may have awarded a child support order. In New Jersey, family law courts award child support orders to ensure children receive financial support from both parents after a divorce. The main goal of child support payments is to ensure a child maintains the standard of living they were used to before their parents got divorced. Child support payments cover a child’s essential needs, such as housing, education, and healthcare. After finalizing your divorce, you may have started dating someone new. Now you are thinking about getting remarried. However, you are concerned about how remarriage may affect child support. This article discusses how remarriage affects child support in New Jersey.
Does Remarriage Automatically Affect Child Support?
A common misconception is that remarrying automatically affects child support orders. In New Jersey, this is not the case. In and of itself, remarriage does not automatically affect an existing child support order. If you, your ex-spouse, or both of you remarry, the obligor parent must continue making child support payments. A new spouse is not legally obligated to support children from a previous marriage.
What if a Parent Gets a Child After Remarriage?
If a parent remarries and gets a child, either through birth or adoption, it may impact an existing child support order. A new child becomes the parent’s legal dependent, meaning that the parent has a legal obligation to provide for the child’s needs. Under New Jersey’s child support guidelines, one of the factors family courts consider when deciding whether to modify a child support order is “other legal dependents of either parent.” In NJ, having a new child is a valid reason for modifying an existing child support order. The rationale behind this is that divorced parents have the right to start new families, and their new children should not be denied financial support due to obligations from previous marriages.
Modifying a Child Support Order in New Jersey
If you are the obligor or receiving parent and believe your child support order needs to be modified, you must file a petition with the court requesting the modification. For example, if you are the obligor parent and believe your child support payments should be reduced because you have a new child, you must file a request in court to make modifications. You cannot just reduce the amount of child support you send to your ex-spouse. The court must first approve the reduction. In court, you will need to prove that the modification is necessary. A skilled family law attorney can help you prove that child support modification is necessary.
Your New Spouse’s Income Matters
When determining whether to modify the child support order, the court will consider several factors, including your new spouse’s income. While your new spouse’s income is not considered your income when determining child support, it is used to calculate how much your spouse should be contributing towards household expenses. It is used to determine how much of your income is available for your children.
Contact a New Jersey Family Lawyer
For legal help, contact our skilled New Jersey family lawyer at The Trabosh Law Firm.