Child support payments are typically finalized as part of a divorce settlement. All details related to child support including the amount of child support that the obligor must pay every month are clearly defined in a child support order that is approved by the court. Changing child support payments is not easy. But does getting remarried affect child support? Typically, no.
In Texas, child support payments are based on a pre-determined formula that is laid down under Texas law. Child support payments are typically calculated as a percentage of the noncustodial parent’s net income. However, the percentage can vary depending on the number of children covered under the child support plan, and the number of other children that the parent is already supporting.
Remarriage by the Parent Paying Child Support
If you are paying child support and plan to marry, getting remarried doesn’t affect child support in most cases. Even if your new marriage does result in more expenses for you, you cannot claim that as the only basis on which you want to pay lower child support payments.
On the positive side, you may not necessarily have to make higher payments, even if your spouse has a higher income. A Dallas court typically will not consider these factors to impose higher payments on you. There are other options you can use if you want to make any modifications to your child support plan. Speak to a family lawyer in Texas about how you can modify the plan.
Remarriage by the Parent Receiving Child Support
Likewise, if you receive child support payments, getting remarried doesn’t affect child support and you should continue to receive the same amount of child support every month. Even if your new spouse is wealthy and significantly increases your household’s income, child support payments are still based on the income of the parent paying the income, your remarriage should not affect that parent’s income.
If the other parent is refusing to pay child support because your household income has gone up significantly after remarriage – or is paying a reduced amount – you may ask the court to enforce your child support order. If you need legal help with a child support matter, call Julie Johnson Law to speak with a family law attorney about how you can exercise your rights.
Seeking Child Support Modifications after Remarriage
While getting remarried doesn’t affect child support and you cannot specifically ask a court to modify your child support obligations based on your remarriage or your ex-spouse’s remarriage, you can apply for modifications based on other factors.
If, for instance, you are no longer able to make the same child support payments that you were making previously, you have to prove to the court that circumstances have changed substantially in your life since the court ordered the child support plan.
You may also prove that it’s been three years since the order was issued or modified, and the new support amount would be at least 20 percent lower – or $100 per month lower – than the current amount.
Avoid verbal agreements with the other parent, as these are unenforceable. Make sure you go through the proper channels in the court if you are seeking a modification.
Discuss your case with a family law lawyer to understand how you can apply for an increase or decrease in child support. If you want to apply for a modification of your child support plan, speak with an attorney at Julie Johnson Law. Call 214-265-7630 or use our contact form to set up your consultation.