Does Remarriage Affect Florida Child Support?

In most U.S. states, an award of alimony (also called spousal support) is discontinued when a divorced spouse remarries. However, child support is a different matter. Child support is seen as a duty in Florida, with both parents required to provide support to their children. There are certain situations in which a person’s remarriage can result in a changed support obligation – but in general, a remarriage will make very little difference to a parent’s legal duty.

No Immediate Review

Most of the time, a new spouse will have very little to do with a parent’s obligations from a previous marriage. Florida law places the duty of support on a child’s biological parents, and it is their financial responsibility that is the important issue when determining each parent’s support obligation; a new spouse’s income is not considered. The mere act of remarriage does not trigger any kind of evaluation of one’s support obligation.

That said, it is possible for either parent to petition for a change to child support after a remarriage if that remarriage means that one parent has significantly changed their financial circumstances. In other words, nothing happens automatically when one parent remarries – but it does mean that the support obligation can be reviewed if a parent specifically asks a court to do so.

Be Aware Of Your Income

Another situation which might result in an increased or reduced support obligation is if new children are coming into the marriage. If a new spouse has children from their previous marriage, it is not impossible for the parent with the support obligation to request a modification based on their new financial burdens. Florida tends to prioritize older obligations rather than new ones, but each case is different.

Sometimes, a person may be able to quit their job or voluntarily work fewer hours after a new marriage. This can have enormous mental health benefits, but it is important to be aware that if you do this, the court may keep your child support obligation where it was. The reason for this is known as imputed income – if a person is held to be able to earn a certain amount, voluntarily choosing not to do so is insufficient grounds to lower one’s support obligation.

Contact A Hollywood, FL Child Support Attorney

The question of child support can be a bone of contention between parents, particularly if a new spouse is in the mix. If you have questions about your remarriage and your child support obligation, a Hollywood, FL child support attorney from the Law Offices Of Steven A. Mason, P.A. can help to get them answered. Contact our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/0061.13