Child Support and Your Second Marriage
Remarriage on its own doesn’t necessarily impact the child support order in Alabama. However, it is another story if the remarriage results in the parent experiencing a significant change in their financial circumstances. This may be a cause to change the child support order.
There is no basis to amend the child support order if a mother that receives child support remarries. With that said, if the new husband contributes to the mother’s household income and pays for her expenses, the court may determine a lower child custody amount since the mother can now pay more toward child support obligations.
It is important to understand the judge wouldn’t consider the new husband’s income directly, but the amount of share paid by him towards the mother’s expenses in calculating the child support. Conversely, if a father paying the child support decides to remarry, the court may be unlikely in reducing the child support payments. This is true even if the father takes on additional responsibilities in the form of a new wife and has other children in the new marriage.
Based on this, if the new wife earns an income and contributes to the household expenses, the court may decide to increase the child support. Again, the court will not include the new wife’s income directly when calculating child support.
Impact of a New Child on the Child Support Order
Parents in Alabama cannot reduce their child support obligations by having new kids. Courts view additional children as an essentially voluntary decision whether they decide to adopt children, take on responsibility for stepchildren, or have children in their new marriage. Courts believe that a parent’s decision shouldn’t impact child support.
How to Modify Child Support?
You should file a motion for modifying child support in the county clerk’s office if you believe you are eligible for an adjustment. You will have to state the reasons for asking for a reduction or increase in child support payments. You will also have to state the reason that makes you eligible for the particular amount change.
You along with the other parent will need to appear before a judge and provide your current income. The court will ask for an actual change in circumstances for modifying the child support. Speculating about a parent’s income and change in financial circumstances is not enough.
In relation to this, it’s easier if you and the other parent can simply agree on a new child support amount. You can use an attorney to put the agreement in writing and submit it to the court for approval. You should understand that the court will decide on the new support keeping the best interests of the child in mind.
Change may be ordered when your argument supports the best interests of the child and reflects the court’s priority. The court may order a lower amount paid based on the new circumstances if a remarried couple has fewer financial obligations as opposed to the parent ordered to pay for child support. Based on this, this is not always common and it is recommended that you speak with a capable attorney that has a strong track record before filing a motion for changing the child custody amount.
Choose an Experienced Alabama Child Support Modification Attorney
The legal team at Alsobrook Law Group has deep knowledge and extensive experience in matters related to divorce, child custody, child support, and alimony. We can explain your legal options related to post-divorce child support modification during an initial consultation.
Schedule your free and confidential consultation with us today. Call 334-737-3718 or write to us online.
