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How does a subsequent marriage affect child support?

On Behalf of | Jul 28, 2021 | Child Support

If you are a Texas parent who is planning on remarrying, you might be concerned about how this action might affect child support payments. While remarrying itself should not have any impact on child support payments, related factors might result in a court order modification.

Remember the purpose of child support and the parents’ legal obligation

Child support from both parents is a child’s right. Therefore, when a parent remarries, child support payments should continue to cover the child’s needs. The only way to change the amount is through a support order modification.

Factors that might affect the child support amount

A parent remarrying will not, by itself, lead to a modification. However, there are some factors that the court might look at, in relation to the subsequent marriage, that might result in a change. These factors include:

  • The custody and visitation order changing
  • A parent’s income significantly changing
  • A parent having new household expenses
  • A parent’s new spouse choosing to adopt the child

It is important to remember that a new spouse can only adopt the children if their other parent surrenders their parental rights. At that point, the other parent is no longer legally responsible for the financial support of the child. This responsibility falls on the adoptive parent, even if they later divorce the biological parent.

What if a parent remarries and wants to form a new family?

The parent’s responsibility to financially support their child remains, even if that parent chooses to have more children with their new spouse. Some state courts, however, might consider the expenses related to a new child for a support order modification.

If you are thinking about remarrying and are concerned about the impact on child support payments, you can speak with your family law lawyer who might explain the financial impact of this change. Until an order is modified, the child support payment should continue the same.