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Will remarrying affect child support arrangements?

On Behalf of | Oct 30, 2024 | Divorce

It depends. Marriage alone does not automatically change child support arrangements. North Carolina courts will only review or adjust the child support order if one of the parents files a request.

For example, if you remarry, and the other parent believes your new marriage has significantly changed your financial situation, they must first file a motion to modify the existing child support order and likely need to ask the court to deviate from the Child Support Guidelines. The court would then consider various factors before approving the request.

When do North Carolina courts modify child support orders?

While courts do not usually directly factor in a new spouse’s income into the child support calculation, they may consider overall changes in your financial situation. Your marriage might be a factor if it:

  • Results in changes in household expenses, such as your new spouse shouldering more of your living costs, which frees up more of your income
  • Allows you to work more or less due to shared responsibilities with your new spouse
  • Changes anything in terms of benefits or resources for your child, such as access to better health insurance
  • Leads to changes in assets, like co-owning a new property with your new spouse
  • Significantly changes the lifestyle you can provide for your child

The court’s primary focus is to meet the child’s needs based on the parent’s ability to provide support. Any parent seeking to modify child support due to remarriage would need to demonstrate how these changes affect the child’s needs or their ability to pay.

What can a parent do to ensure stability?

While modifications may sometimes be necessary, there are several steps parents can take to promote consistency. Open communication about financial changes or the child’s needs is key. It might be helpful to:

  • Keep records of payments and agreements
  • Use official channels for transactions when possible
  • Follow the current order as closely as they can
  • Discuss anticipated changes in advance
  • Periodically review the order

Each family is different, so what works for one may not work for another. It’s important to seek professional legal guidance that best fits your situation.

New beginnings can bring new questions

If you are considering marriage and have questions about how it might affect your child support arrangement, a family law attorney can offer valuable guidance.

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