Diamond ring on money

How a New Child or Marriage May Affect Support

Oleen Law Firm Nov. 7, 2023

As experienced family law attorneys, we often encounter questions about remarriage. It's a common occurrence and can have implications for things like child support and alimony. Interestingly, in 2019, the median age for those entering a new marriage was 48 for men and 44 for women. With people getting remarried later in life, this often means that there are children from a previous marriage involved.  

At Oleen Law Firm, we're well-versed in the unique challenges and opportunities that come with remarrying and divorcing later in life. Feel free to contact our team when you're ready to discuss your situation with an experienced attorney. We're proud to serve individuals and families throughout Junction City and Manhattan, Kansas. 

Does Getting Remarried Affect Alimony?

If you're considering remarriage post-divorce, you may wonder how this will impact any alimony you receive or pay. In Kansas, where our practice is based, getting remarried can indeed influence alimony payments.  

Alimony, also referred to as spousal support, is designed to provide financial aid to a spouse who is economically disadvantaged following a divorce. However, when the recipient spouse remarries, the alimony payments might be modified or even terminated. 

This change happens because the financial backing provided by a new spouse is taken into account when determining the recipient spouse's need for alimony. If the recipient spouse's financial circumstances significantly improve due to their new marriage, the court may decide that alimony is no longer necessary. 

It's important to stress that the termination or modification of alimony due to remarriage isn't automatic. The recipient spouse must request a modification from the court and present evidence of their changed financial situation. The court will then evaluate the case and make a decision based on the best interests of all parties involved. 

Does Getting Remarried Affect Child Support?

Now, what about child support? Unlike alimony, remarriage doesn't directly affect child support obligations in Kansas. Child support is calculated based on the parents' incomes and the child's needs, regardless of their marital status. The income of a new spouse is typically not considered when calculating child support. 

However, a parent's financial circumstances can indirectly impact child support. If a parent's remarriage results in a significant change in their financial situation, they may request a modification of child support. For instance, if the new spouse offers financial assistance that reduces the parent's expenses or increases their income, it might be considered when evaluating the parent's ability to fulfill their child support obligations.  

Does Having Another Child Affect Existing Child Support?

The addition of another child to your family can also potentially affect existing child support obligations. In Kansas, if a parent has additional dependent children from a new relationship, it could result in a reduction in their child support payments for the existing child. The court takes into account the financial resources of both parents, including any additional dependent children, when determining child support. 

It's crucial to note that a parent seeking a reduction in child support due to the birth of another child must file a motion with the court. The court will then evaluate the circumstances and decide whether a modification is justified. It's essential to follow the proper legal process and secure a court order for any changes to child support obligations. 

What if I Get Divorced After Remarrying?

Divorce after remarriage can further complicate the issue of alimony and child support. In such cases, it's essential to seek legal counsel from an experienced family law attorney who can navigate the complexities of your unique situation. 

For instance, if you're paying spousal support and get divorced again, you may wonder if this will affect your obligations towards your previous spouse. In some cases, a prenuptial agreement or postnuptial agreement can address alimony payments and any changes that may occur in the event of a future divorce. 

Similarly, if child support is already established from a previous marriage and you have children with your new spouse, the court may consider the financial responsibilities towards your new family when determining the amount you owe in child support. 

It's crucial to note that every case is unique, and the court will evaluate each situation accordingly. Seeking legal advice from a knowledgeable attorney can help protect your rights and best interests during this transition period. 

Get Your Questions Answered by an Attorney

As you navigate these significant life changes, you're bound to have questions or concerns about how a new child or marriage may affect your support obligations. That's where we come in. At Oleen Law Firm, we believe in providing personalized advice tailored to your unique circumstances. We can guide you through the legal process, help you understand your rights and responsibilities, and assist you in requesting modifications if necessary. 

Remember, the information provided here is for general informational purposes only and should not be seen as legal advice. Each case is unique, and it's vital to consult with a qualified attorney to understand how the law applies to your situation. We're here to help, so please don't hesitate to reach out to us at Oleen Law Firm. 

Our law firm is located in Manhattan, Kansas, and we serve Manhattan families as well as Junction City residents. Reach out to us today to schedule a free consultation — we'll give you the answers you need to move forward with confidence.