People who have been divorced, frequently go on to find new partners and get remarried. According to the findings of the Pew Research Center, approximately 60 percent of Americans who had been divorced (or had been widowed) have remarried.
Remarriage of a former spouse raises the question of whether or not it can serve as grounds for seeking a change to an existing child support order. Maybe. Simply remarrying does not have any bearing on existing child support obligations. A modification, on the other hand, may be warranted in the event that the remarriage brings about a significant shift in the circumstances (a substantial and material change in circumstances according to the statute).
The Existence Of A Legal Groundwork To Modify Child Support Orders
Life does not remain the same. The passage of time can bring about shifts in one’s finances, health, and relationships. The implications of these advances could be either favorable or harmful. A parent may decide to seek an update to their child support orders if there has been a change in their circumstances, whether that change is positive or negative.
In the state of New Mexico, a Motion for Modification may be submitted when the following conditions are met:
In order to amend a child support order that has been in place for less than a year, there must have been a significant shift in the family’s financial situation. The loss of a job, the development of a debilitating disease or disability, or an unexpected shift in the requirements placed on the parent by their child are all examples of substantial changes.
Generally a change that amounts to a 20% change in the support constitutes a material and substantial change in circumstances.
The child support schedule worksheets, a financial disclosure, and any other relevant papers must be provided by the party that is requesting the modification.
Remarriage of the Payor Parent and Continued Child Support
As mentioned before, the remarriage of a parent is not a sufficient reason to modify the amount of child support that is paid. There are a variety of additional situations that may have an effect on remarriage. For instance, if the parent who is responsible for child support is remarried and they have a kid together. This child deserves support just as much as the children from the prior relationship did. It is possible for the parent who is responsible for paying child support to ask for a reduction in their obligations in order to better accommodate the needs of their growing family.
It is not possible for a parent’s new spouse to take over the responsibility of paying child support. It is not customary for a stepparent to be responsible for providing financial support to a stepchild. However, the amount of money that is available to the parent who is paying child support might be affected by the other parent’s income.
If the payor parent’s new spouse has a high salary, which greatly increases the payor parent’s net income for child support, the custodial parent may be eligible for an increase in child support payments.
Remarriage Of The Custodial Parent And Financial Support For The Child
Child support payments are not immediately stopped when a custodial parent remarries, unlike spousal support payments. The income of the new spouse is not factored into the total amount of resources available to the custodial parent.
Even if the biological parent’s ex-spouse marries again, the biological parent continues to be financially responsible for the child. However, if the custodial parent remarries and the new spouse pays for essentials like food and rent, then the custodial parent will have a higher net income after the marriage. If the payor spouse can demonstrate that their ex’s new marriage has led to a significant rise in their ex’s net income, they may be eligible for a decrease in the amount that they are required to pay. In most situations, the law will not be changed in this manner unless it is absolutely necessary. A lot of these considerations will revolve around a request for deviation from the guidelines.
Consultation with an Experienced Attorney Regarding the Modification of Your Child Support Obligations
The lawyers at Justice Legal Group have extensive expertise assisting clients in negotiating child support arrangements and obtaining revisions to those agreements. Our legal expertise and unwavering commitment to the satisfaction of our clients have earned us a stellar reputation throughout the state of New Mexico.
If you feel that the child support order that was issued for your child should be changed in any way, the first thing you should do is make an appointment for a consultation with a member of our staff. Requests for modifications that are made by the client themselves have a lower chance of being granted. For additional information, please visit our website or call (505) 880-8737.