If I Divorce and Remarry, Does My Child Support Automatically Change?

When the Indiana court executes your divorce decree, your marriage is officially over, but your responsibilities to your child are not. If you’ve had a child and been ordered to pay child support, some may think that this order automatically changes; it does not.

You still must pay what the court has ordered until you and your Indianapolis child support lawyer enter a child support modification request.

Commonly, one of the main consequences of remarriage is some change in your financial circumstances (good or bad). If you have paid child support to your first spouse and your income has decreased overall, you might ask the court to modify the amount or duration of your current child support payments.

It’s understandable to assume that your remarriage will automatically change your child support obligations. However, in most cases, Indiana’s laws focus on the financial resources and means of the child’s biological parents when determining child support, not their current marriage situation.

This means that your new spouse’s income doesn’t usually factor into the state’s child support calculations for your first marriage.

That said, remarriage often does bring substantial changes in circumstances, including financial issues. It can involve shifts in income, changes to living conditions and locations, alterations in your child’s needs, and more.

If any of these changes significantly affect your financial condition, you may be able to request a modification to your existing child support order.

The most prudent way to know where you stand is to thoroughly discuss your unique situation with a qualified, knowledgeable, and passionate Indianapolis child support lawyer.

If I Remarry and Have Another Child, Does It Affect My Current Child Support Payments?

The most crucial factor in calculating child support payments in Indiana is each parent’s weekly gross income. Weekly gross income will usually include all types of income, such as salaries, wages, royalties, benefits, rental income, commissions, etc.

An adjusted weekly income will be calculated when the parents’ weekly gross income is accurately determined. This figure is expanded to include both parents’ weekly expenses, including child support for previous children and more.

If one partner doesn’t get income, makes a lot less, and can’t contribute much, the court may consider their earning potential. This prevents parents from trying to avoid paying child support by simply not working or earning less than they can.

As stated, and per Indiana’s child support rules, remarriage does not automatically change the child support you are currently paying. However, it can impact your payments in certain situations, such as a change in income, a parent earning more, or stopping working after remarriage. So, changes can be made to your current child support.

Additionally, under Indiana’s child support guidelines, the courts may adjust the parents’ income and deduct their support for children from other relationships as long as they are legally bound to support them.

So, if you remarry and have another child with a new partner, your support for them could lower your income when the courts calculate support again.

Depending on your specific circumstances, this may be a valid reason for modifying support (under the state rules discussed above).

In Indiana’s state guidelines, there is a table for calculating this income adjustment to support additional children born or adopted in your new marriage.

If I Remarry in Indiana, Will My New Spouses’ Income Affect My Child Support Payments?

Indiana’s guidelines for child support are detailed and include rules on what can be considered income when calculating child support. Under these rules, income does not (usually) include the assets or income of a parent’s new partner.

Even if your ex-spouse has married a high-asset partner, this usually won’t change the guideline support calculation.

However, even when an Indiana judge decides to deviate from the state guidelines, they will always consider both parents’ financial resources. However, Indiana laws don’t strictly spell out whether those resources include the earnings and assets of a new spouse, so this could be a bit discretionary.

Still, if you have proper and experienced legal representation, you could argue that your ex has considerably more resources available (due to marrying a wealthy spouse) to support their child. If presented professionally and with the proper documentation, this is a substantial change and may trigger a modification of your current child support order. Whether the family court judge accepts this argument will depend on many things, including the veracity and skills of your child support law team.

If My Ex-Spouse Remarries, When Can I Seek a Child Support Modification Order?

First, remember that you cannot under any circumstance just agree with your ex-partner to modify a child support order; you must first file a formal request with the court. This request should be detailed and explain precisely why you believe a change is necessary.

The court will thoroughly review the request and all its supporting evidence. If the court agrees that there has been a significant change in your ex-spouse’s situation (and remarriage is a big change), then they may adjust the current child support order.

The Indiana courts look at several factors when deciding on these matters, such as:

  • Significant changes in income – An increase or decrease in either one of your incomes is an essential factor, and depending solely on the situation, remarriage may change a great deal.
  • Changes in your child’s needs – If your child’s financial needs change due to educational costs, medical expenses, etc., the court usually will consider these changes.
  • Needs of your ex-partner (or your) new spouse – Remember that a new spouse’s income is commonly not a factor. However, remarriage could impact the court’s decision if you now have
  • additional children to care for or if other financial situations have radically changed.

You must note that child support issues are always legally complex to deal with and involve a thorough, professional, and compassionate child support lawyer’s help if you want to have the best chances of getting the outcome you want.

My Spouse Has Remarried, and I Feel I Should Modify My Child Support Order; How Should I Proceed?

If your spouse remarries, navigating the legal complexities of child support modification is always challenging. Working with a highly competent, experienced child support lawyer with a thorough understanding of how the specific laws that apply can evaluate all the factors courts consider, and knowing the process can be invaluable to helping the court make an informed decision.

The child support lawyers at the Law Office of Deidra Haynes will provide the guidance and professional and aggressive representation you need to modify your current child support order.

They are committed to advocating for your best interests and your rights and will fight to do the best for your family. Call them today at 317-785-1832 for a case evaluation, and they will immediately and tirelessly help you navigate this complex legal path.