If you become the custodial parent after your divorce agreement is settled, then odds are that you are receiving child support payments from the noncustodial parent, your former spouse. However, life undoubtedly changes after your divorce. You may wonder if such changes, such as remarrying, may require your child support settlement agreement to be modified. Follow along to find out whether remarrying constitutes a post-judgment modification and how one of the proficient New York City child support attorneys at Zimmet Law Group, P.C., can help you through this.
What factors will determine my child support agreement?
First of all, New York State provides its courts with a general formula to use when determining child support agreements. This formula will take how much of both your and your former spouse’s net income was used to support your child while you were still married. This is to ensure that your child’s lifestyle is unaffected in the aftermath of your divorce.
But since every family situation is different, the courts will also use other factors to determine child support agreements. They are as follows:
- Your and your former spouse’s earning capacities.
- Your and your former spouse’s assets and debts.
- Your and your former spouse’s education.
- Your and your former spouse’s tax implications.
- Your and your former spouse’s age and health.
Will remarrying change my child support agreement?
Typically, the New York courts will not view remarrying as a reason to change your child support agreement. This is because they believe that both legal parents should contribute to supporting their child. So, child support payments tend to remain the same after remarrying, regardless of whether one has an increased disposable income or stops working afterward.
And while remarrying may not be enough for a post-judgment modification, they are other factors that might. Examples of circumstances in which child support payments may be lessened or terminated are as follows:
- Lessened:
- The paying parent experiences an unexpected loss of employment.
- The paying parent experiences an unexpected change in income.
- The paying parent incurs serious medical bills.
- Terminated:
- Your child reaches New York’s legal age of emancipation of 21 years old.
- Your child is considered financially independent at 18 years old or older.
- Your child recently got married.
- Your child recently joined the military.
- Your child recently completed their higher education and is able to work.
With all that being said, our firm understands just how difficult the post-judgment modification process can be, whether you are the one filing or defending against it. This is why we are willing to step in and guide you every step of the way. When you are ready, reach out to one of the talented New York City modification and enforcement attorneys.
