Can I Still Receive Child Support After Remarrying?

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With the decision to remarry comes the uncertainty of whether your previously established divorce terms will require modification. Follow along to find out if you can still receive child support payments after remarrying and how one of the proficient Hudson County family law attorneys at Greenberg & Walden, LLC, can help you understand this.

What factors impact child support decisions in the state of New Jersey?

Firstly, the family court will apply the New Jersey Child Support Guidelines to their final decision. This will simply calculate how much net income both you and your former spouse contributed to your child while you were still married. The purpose of this is to maintain the lifestyle your child has since grown accustomed to. Sometimes, the family courts will also look into other factors during their decision-making process. Such factors vary case by case, but common examples include the following:

  • Your and your former spouse’s yearly income.
  • Your and your former spouse’s earning capacities.
  • Your and your former spouse’s assets and liabilities.
  • Your and your former spouse’s age and health.
  • Your child’s age and health.
  • Your child’s standard of living.
  • Whether your child has special needs.
  • Whether your child is seeking higher education.
  • The already established child custody agreement.

Can I still receive child support payments after remarrying?

You must notice that whether you and your former spouse remarry is not listed above as a factor that the family courts consider. This is because they view it as solely your and your former spouse’s responsibility, as the legal parents, to financially support your child, and not your new spouse. So yes, it is quite possible that you can still receive child support payments after remarrying.

Can my child support payments be modified after remarrying?

While it is possible to still receive child support payments after remarrying, it is also possible for your former spouse to file a petition for a post-judgment modification to lessen or terminate their payments. On the flip side, you can file to extend these payments. Below are examples for both:

  • Lessen or terminate:
    • Your child is at the legal emancipation age, which is 19 years old.
      • This means that your child has graduated from high school, does not seek higher education, and is capable of working.
    • Your child is under the legal emancipation age but is considered financially independent.
      • This means that they are now married, serving in the military, or otherwise.
  • Extend:
    • Your child is under the age of 23 years old and is seeking higher education.
      • This means that your child requires financial assistance outside of financial aid offerings.
    • Your child is under the age of 19 years old and has certain needs.
      • This means that your child needs special medical treatment, is unable to work, or otherwise.

All in all, you likely require assistance with navigating this situation. This is why you must contact our firm today.

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