How Does Remarriage Affect Child Support in New York?

If you pay child support in New York, you might wonder how a remarriage will affect your child support responsibilities.

You should know there is a chance that remarriage could lead to the modification of a child support award. However, such a modification will not be automatically triggered by remarriage. A new spouse does not have any responsibility to support children from your previous marriage, so you will not necessarily have to pay more money just because you now have a higher household income.

There are some circumstances in which modifications may occur as a result of remarriage that produces a new child.

What does the law say?

In the state of New York, the law historically followed common law child support practices, in which having a new child would not result in a changed child support order. However, the courts have evolved with regard to the way they handle child support matters. While the first child’s interests are crucial to consider, the court also cannot ignore the new child’s needs, which means today’s judges could be more lenient with regard to modifying child support orders for paying parents who have new children.

In such a case, your new spouse’s income would be relevant to the child support arrangement, as it affects your ability to support each child. If you and your new spouse have a combined income less than the combined income of you and your former spouse, you have a fairly good chance of securing a modification.

For further guidance on modifying a child support order in New York, speak with a knowledgeable divorce lawyer at Bryan L. Salamone & Associates.