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At the Land Legal Group, our Los Angeles family law attorneys know that post-divorce matters can become tricky — no matter the family dynamics. Whether you and your spouse agree on your California divorce details — including child support — in private, through attorney negotiations, in mediation, or litigation, the finalized decree is typically the final word. Usually, both ex-spouses go their ways and comply with the agreement or order, so there is no legitimate reason to revisit the terms of the divorce.
Then, one parent remarries, and suddenly, the financial aspects associated with the divorce are called into question. This is especially true when one spouse has married someone with a high income. The question becomes, can I pursue more child support by including the new spouse’s income? Or, conversely, can I lower the amount of child support I pay because of the new spouse’s income? We have answers.
How Does Remarrying Impact Child Support in California?
California uses a set of legal guidelines to determine child support that presumes both parents are responsible for supporting their child. This is true even if one of the spouses remarries, as it does not alter that obligation to their children.
Under California law, for the most part, a new spouse’s income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved.
Usually, the calculation is made strictly using the parents’ gross income.
The court will rarely consider the new spouse’s income unless:
- Both biological parents earn too little money to provide for the child’s basic needs.
- A parent voluntarily or intentionally quits work or reduces their income.
- A parent remains underemployed or unemployed and relies on the new spouse’s income.
Unless these extreme circumstances can be proven in court, the courts will not usually deviate from a previously ordered child support award if either parent remarries.
Modifying Child Support After Remarriage in California
If you or your ex-spouse remarries, one of you may file a motion to modify child support. Typically, a child support modification can only be granted if there is a significant change in circumstances, such as a job loss, a substantial increase in income, or a significant change in the child’s financial needs.
Here are a few scenarios that could prompt a child support modification after remarriage:
- Parent’s Income Increases: If the parent paying child support experiences a significant increase in income after remarrying (even if it’s unrelated to the new spouse’s income), the other parent might request a child support modification to reflect this change.
- Parent’s Income Decreases: On the other hand, if the parent receiving child support remarries and no longer needs to work because the new spouse is providing full financial support, the paying parent could ask for a modification. The court might find that the receiving parent’s financial needs have decreased, which could affect child support payments.
- Substantial Change in the Child’s Needs: If the child’s financial needs change—whether due to medical expenses, schooling, or other reasons—a modification might be requested. Remarriage alone is not enough to justify a modification unless it results in a change in the child’s financial needs or the parent’s ability to pay.
Contact Our Los Angeles Family Law Attorneys at the Land Legal Group Today
If you have questions about how your divorce, child custody, or child support agreement or order will be impacted by getting remarried in California, contact our team of skilled family law attorneys in Los Angeles at the Land Legal Group by calling (310) 552-3500 today.
Related Links:
- Answers To The Most Frequently Asked California Child Support Questions
- If I Have Joint Custody, Do I Still Have to Pay Child Support?
- How Do I Know if My Child Support is Fair?
- How Does Remarrying Affect Child Support Payments in California?
- What Is the Difference Between Alimony, Spousal Support, and Child Support?
- What is Considered Income When Calculating Child Support in California?
- What Happens if I Do Not Pay Child Support in California?
- Can California Parents Agree to No Child Support During a Divorce?
- How Do I Know if My Child Support is Fair in California?
