It is not uncommon for divorced individuals to seek remarriage. individuals who do remarry wonder how their new marriage could affect their current child support order. However, there is no need to worry as remarriage alone cannot systematically alter your child support award. The custodial and non-custodial parents both have the right to request a modification of their current child support order. Circumstances change, meaning there may need to be modifications made to reflect your current situation. If you are worried your child support award will be impacted by your new marriage, reach out to a qualified Memphis, Tennessee Child Support Lawyer who can help you through the child support modification process.
Will my child support be modified because of my remarriage in Tennessee?
Remarriage does not automatically modify your current child support order. It does not affect it unless other circumstances play a role. If you want to modify your child support, you can do so through the court. You must request to have your child support reduced or increased and a judge will determine if there is reasonable cause for this modification. In Tennessee, the court will evaluate if there is a significant variance, meaning if there is a 15% or more difference between the requested order and the existing order. There are only certain circumstances that allow a modification due to significant variance which include:
- a change in the number of children for whom the parent is legally responsible for
- an increase or decrease in a parent’s income
- visitation adjustments
- an increase in the child’s needs
The court will assess these circumstances and determine whether or not a modification to the current child support is reasonable and necessary due to a change in circumstances.
How is child support determined in Tennessee?
In Tennessee, there are standard guidelines that the court will evaluate to determine a fair child support award. Depending on how many children you have, the court will combine both parties’ gross income to reach a final verdict. Courts will consider each parent’s salaries, pensions, retirement plans, annuities, interest, capital gains, social security benefits, unemployment insurance, self-employment income, and any other related finances. Additionally, they will consider the child’s health expenses and work-related childcare.
In my new marriage, is my spouse responsible for paying for my child?
Remarriage does obligate your new spouse to support their new stepchild. They are not legally responsible for supporting their new stepchild’s needs. The only financially responsible party for supporting a child is the custodial and non-custodial parents. They are financially responsible for supporting their child’s fundamental needs. Remarriage does not change your child support, however, it could impact it as you now have additional income that could support the child. Ultimately, it is up to the court to decide if this is a reasonable change in circumstances to modify the current child support order.
If you are considering remarriage or are already remarried you might be wondering how this change in your life could affect your current child support award. Don’t hesitate to contact one of our skilled and devoted team members who can help you understand how remarriage can impact your child support order. You can rely on us to help you through this complex process.