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Child support after getting married again

| Mar 22, 2017 | Child Support, Firm News |

It is possible that parents living in California will get remarried at some point after a divorce. If an individual who remarries has children from a previous marriage, it may or may not have an impact on his or her child support payments. In most cases, the biological parents are responsible for caring for a child. This means that a court is unlikely to reduce or terminate support in the event of a remarriage.

While a new spouse may want to adopt his or her stepchildren, this is unlikely unless the noncustodial parent has lost his or her parental rights. While custodial parents may wish to terminate support after getting remarried, it may not be a good idea in all cases. Instead of using the money for daily expenses, support payments could go into an account earmarked for that child’s future education expenses.

Noncustodial parents are advised to keep good records relating to child support payments that they have made. If there is reason to believe that payments have not been made, a noncustodial parent could be held liable for back payments plus interest. Courts may choose to garnish wages for nonpayment as well as withhold a person’s passport or tax refund until the balance is paid in full.

The law generally considers child support payments to be a method of preserving the best interests of the child after a divorce. Furthermore, the law generally holds to be true that a child’s biological parents are the ones responsible for providing financial and other support. This means that any previous support order may still be in effect even after a custodial parent gets remarried. Failure to make payments may result in penalties up to and including jail time in addition to paying back support.