Can A New Marriage Affect The Divorce Agreement?
When the spouse who is receiving child support and alimony remarries, the former spouse has a right to ask questions regarding the obligations he or she might still have. If, for example, the custodial spouse who is receiving child support and alimony now has a new spouse who has a job and is bringing a paycheck—possibly a significant paycheck—into the home, the non-custodial spouse might want to alter the financial agreement from the divorce. If the supporting spouse has increased family obligations after getting married, that will not have an effect on the support provided to the former spouse. There are, however, certain situations that will possibly influence the divorce agreement. Depending on the kind of alimony paid, it might be eliminated. There can be a motion to modify alimony, a motion to modify child support, and a motion to establish certain responsibilities to pay for college education. Remarriage is known as a “change of circumstances.” If the spouse who is receiving alimony receives open duration or limited duration alimony, the alimony ends as soon as the supported spouse remarries. If the new marriage ends in divorce, the spouse who was receiving permanent or limited duration alimony cannot request a renewed support on the part of the first former spouse. That obligation is over as soon as the supported spouse remarries.If the supporting spouse decides to remarry, it has no bearing on the agreements to the prior spouse.
Child Support And A Remarriage In Monmouth County
The request for modification of a child support settlement will generally occur when a custodial spouse is receiving alimony and child support and remarries. The non-custodial parent, seeing that the former spouse has remarried and should have an increased source of income from the new spouse, might file a motion to alter the divorce agreement to account for the custodial parent's new living situation. The supporting former spouse will request that the payments be reduced commensurately. The supporting non-custodial parent can ask the attorney to request that the custodial spouse's new husband's or wife's financial contribution for expenses be examined during discovery and perhaps the obligation on the part of the non-custodial supporting ex-spouse can be lowered. The custodial parent's new spouse's income cannot be accounted for as income belonging to the custodial spouse, but it is relevant to determine the resources available to the custodial parent and therefore might allow the obligation on the part of the former spouse to be reduced.
Call Us Today About Remarriage After Divorce In New Jersey
When divorcing, one of the keys to the settlement is the alimony and child support components. Whether a new marriage will influence the amount a custodial parent will receive or has the potential to end the alimony entirely, is something that has to be discussed with an attorney beforehand. In certain circumstances, the supporting former spouse will try to not only reduce or eliminate the alimony, but there might be a change to the child support agreement. Do not make the mistake of not knowing the possibilities regarding alimony and child support in the event that you consider remarrying.
For those whose spouse is remarrying and that spouse is still receiving alimony, it is also wise to speak to an attorney to see if it is possible to alter the divorce agreement or eliminate the alimony payments. If you or a loved one have gotten divorced and you or the former spouse are thinking about marriage in Monmouth County, Ocean County or any other area of New Jersey, it's important to know the ramifications when it comes to child support and alimony following the remarriage. The attorneys at the Law Firm of Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey can help you.