Have you recently remarried or are planning to do so? Remarriage can be a wonderful new chapter in your life, but it can also come with some unexpected challenges, especially when you have children with your previous partner. It’s not uncommon for parents to overlook the potential impact of their remarriage on their child support obligations. That’s why we’ve put together this post to help you understand how remarriage may affect your child support in Massachusetts.
If you’re considering remarriage or are already remarried and have questions about how it may affect your child support obligations, don’t hesitate to seek legal advice from our family law attorneys at Davis Law Group, led by top-rated child support lawyer Jay Davis. We can guide you through the legal process and help ensure your child’s best interests are protected. Remember, your child’s financial support is a top priority, and understanding the potential impact of remarriage on child support in Massachusetts is crucial. Contact us today to discuss your options.
How Does Child Support in Massachusetts Work
Before we get into the legal aspects of remarriage and child custody, first we’ll briefly discuss how child support works here. When parents in Massachusetts get divorced, one parent is required to pay child support to the other. This is because each parent has a financial obligation to support their child, regardless of their marital status.
To make it easier for judges and parents to calculate child support, Massachusetts has state child support guidelines. These guidelines base support awards on parents’ gross incomes, health and childcare costs and the number of children covered under the support order. A parent’s gross income includes their salary, tips, bonuses, social security income, capital gains, and business income.
In certain situations, a judge can deviate from the child support guidelines. For instance, if a child or parent has extraordinary financial needs, the court can add transportation costs or childcare expenses to a child support order. Moreover, a court can increase a child support award if a child has special needs or consistent medical expenses.
In Massachusetts, if you are a parent who pays or receives child support, your obligation to support your child does not end just because you get remarried. This means that your child support order will not automatically change just because you have a new spouse. Based on this, if either you or your ex-spouse remarries, the new spouse’s income and assets can be taken into consideration when determining child support.
For example, if you are the parent who receives child support and your new spouse has a high income, that may be considered when the court calculates how much child support you should receive. On the other hand, if you are the parent who pays child support and your new spouse has a low income, that may be considered when the court calculates how much you should pay.
That said, every case is unique, and there are many factors that go into determining child support. Massachusetts law provides guidelines for calculating child support, but courts can deviate from those guidelines in certain circumstances. If you have questions about how your remarriage may affect your child support order, it’s best to consult with an experienced family law attorney. Davis Law Group has a team of knowledgeable attorneys who can provide guidance and support in navigating the complexities of family law. Contact us today to schedule a consultation and get the answers you need.
How to Modify a Child Support Order in Massachusetts if One Parent Gets Remarried?
If you or your ex-spouse gets remarried and you want to modify your child support order, there are a few steps you’ll need to follow:
Gather Information: Before you can request a modification, you’ll need to gather information about your new spouse’s income, assets, and any other relevant financial information.
Determine if There’s a Substantial Change in Circumstances: In order to modify your existing child support order, there needs to be a substantial change in circumstances. This can include a change in income, a change in the child’s needs, or a change in custody arrangements. Getting remarried alone may not be enough to justify a modification, but it may be a factor that’s considered.
File a Complaint for Modification: If you believe there’s a substantial change in circumstances, you can file a complaint for modification with the court that issued your original child support order. You’ll need to explain why you believe a modification is necessary and provide evidence to support your claim.
Attend a Hearing: Once you’ve filed your complaint, you’ll need to attend a hearing to present your case. The court will consider all of the evidence presented and make a decision about whether to modify the child support order.
Does the Judge Consider the New Spouse’s Income in Child Support Modification Cases in Massachusetts?
The short answer is yes. A judge might take into account the income of your new spouse while determining whether to modify the child support order or not. This is because a new spouse’s income can affect your ability to provide support to your child. But don’t worry. The judge won’t automatically add your new spouse’s income to your calculations. They will consider various factors, such as your income, your child’s needs, and your new spouse’s income and assets. Ultimately, the decision will be based on what is in the best interests of the child.
Take Control of Your Child Support Matter with Our Help
Looking for expert legal guidance in modifying your child support order in Massachusetts? Look no further than attorney Jay Davis at Davis Law Group. If you’re seeking a modification of your child support order due to remarriage or any other reason, it’s important to have an experienced family law attorney on your side. With over three decades of experience in family law, Jay can help you navigate the complexities of Massachusetts child support law and ensure that your child’s financial needs are being met. Contact us today to schedule a free consultation or call us at 617-221-3548 and take the first step towards a brighter future for you and your family.
James H. (Jay) Davis III
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