How Does Remarriage Affect Child Support and Alimony?
25 November 2022IN: Child Custody
Tennessee uses a formula to calculate child support. Does the amount change if either parent gets remarried?
Once the divorce decree is signed, the divorce is finalized, but that does not mean everything associated with the marriage ends. If there are children involved, there is custody and support to contend with. If you are paying an ex-spouse alimony, that may continue for many years.
Does remarriage affect child support or alimony at all? It depends on the situation. Read on to find out how remarriage can affect the terms of your divorce.
Remarriage and Child Support
Child support is mandated by the court to ensure that both parents provide financially for their children’s care. Tennessee uses a formula based on the number of children, the number of overnights you have with the child, and the pay of each parent.
Remarriage on its own does not affect child support. The new spouse is not responsible for paying child support, so even if they are wealthy, their income is not considered. However, there are a couple of situations in which child support may be affected. For example:
- A new spouse’s income may affect your ability to pay support. The new spouse’s income may affect your ability to pay support. If your new spouse is contributing to the expenses such as mortgage or rent, utilities, and groceries, they are decreasing the amount you personally spend on the household. This means that more of your individual income is now available for child support, so the court can consider this and try to modify support by imputing some of the spouse’s contributions as income to you.
- A new child may result in a modification. Remarriage may lead to more children with your new spouse. Under Tennessee law, you can seek a child support order modification in this situation. A court will review your request and determine if it justifies changing the support amount. The judge will look at all the facts and then make a final decision.
Remarriage and Alimony
Many spouses must pay alimony to the other due to a huge discrepancy in income. Nobody likes paying spousal support, so many people want to know when it will end. For the most part, the recipient’s remarriage will end alimony, but there are exceptions. Look at the wording in your divorce decree to make sure.
The death of either party will end alimony for sure, and sometimes cohabitation will as well. However, it is not easy to prove that two people are living together.
If you are paying alimony, you will still have to keep paying if you get remarried. Even though you will now have more household responsibilities and expenses, you are still required to pay spousal support.
Contact Our Tennessee Divorce Lawyer Today
Many people remarry after a divorce. See how remarriage may affect child support and alimony.
Contact The Law Office of David L. Scott to learn more about post-divorce changes you may experience. Schedule a consultation with our office today by filling out the online form or calling (615) 896-7656.