If you find yourself in need of modifying your child support order due to remarriage, we encourage you to reach out to our experienced legal team of family lawyers at Bronzino Law Firm. We are dedicated to providing comprehensive support to our clients, assisting them in navigating the complexities of the legal process to ensure that their child support arrangements accurately reflect their current situation. We serve clients in Toms River, Red Bank, Point Pleasant, Brick, Long Branch, Rumson, Ocean Township, or elsewhere in Monmouth and Ocean County, New Jersey. Allow us the opportunity to advocate on your behalf and fight for your rights in court. Do not hesitate to contact us at (732) 812-3102 for a free consultation or complete our online form, and we will get in touch with you.
Various factors are considered by a family court judge when determining the amount of child support for which a non-custodial parent will be responsible. Each parent’s income, potential and actual medical care and insurance expenses for the child, daycare expenses, the child’s home setup, and applicable benefits are all factored in. Each parent’s financial capacity to provide for the child’s necessities is calculated in order to determine a regular child support allotment by the non-custodial parent.
Remarriage does not automatically change a child support order. The new spouse is not legally required to provide financial support for their partner’s child from a previous relationship unless they adopt that child. Some factors, however, can trigger the need to change the terms of a standing child support agreement. For example, if the remarriage involves a new child, your child support requirements for the child of the previous marriage may be subject to reduction. The court will want to ensure that both children receive what they need to have their basic and developmental needs met. To make this change, however, you must take initiative with the family court to file a motion for updated terms.
As noted above, the incomes of both the child’s custodial and non-custodial parent are taken into consideration by the family court judge when determining a support order. When either of the parents remarries, their new spouse’s income contributes to the household income and thus their financial capacity to care for their child. However, the new spouse is not legally required to provide for the child of a previous marriage.
Remarriage often changes your household income or that of your child’s other parent. And if a new child enters the scene as a result of remarriage, your financial obligations also shift. The family court will take these factors into consideration, but you must file a request for modification of your child support order. The order will stand in the absence of this request and subsequent review.
Sometimes, a parent will choose not to work even though they are capable of working. Unfortunately, often a parent does this to dodge paying child support. In these cases, the court may impute income on the individual. Reviewing such factors as their educational and vocational training, prior work experience, and skills, the court will assign an aligned income amount to the individual for the purposes of determining fair child support responsibilities.
If you’ve recently remarried, and the circumstances of the marriage could impact your child support obligations, it is important to discuss your situation with a knowledgeable child support lawyer who can prepare documentation related to adjusted household income, personal income, and financial obligations stemming from your new life and build a strong case for child support reduction.
Our team at Bronzino Law Firm takes pride in the hundreds of parents we’ve helped in their child custody and child support arrangements in Asbury Park, Berkeley, Freehold, Sea Bright, Tinton Falls, Manchester, and similar towns throughout the Ocean and Monmouth County area. We are experienced in streamlining the child support modification process with the family court by helping our clients build a strong case for modification and gather the documentation necessary to back their requests. Contact our office at (732) 812-3102 for a free consultation to discuss modifying your child support order.