Life After Divorce: What Impact Does Remarriage Have on Court-Ordered Arrangements?
After a divorce, spouses may be required to adhere to certain court-ordered arrangements. These can include orders that relate to child support and alimony payments.
Arrangements like these can be complicated. But what happens when one spouse’s situation changes? For instance, how do court-ordered arrangements change if one spouse remarries?
Below, we will examine the ways that remarriage can affect your court-ordered arrangements.
Child Support and Remarriage
If you are divorced and have a child, you may unintentionally affect your child support arrangement by remarrying. Each case is unique. But it is important to consider how your new partnership may change your financial situation.
Typically, noncustodial parents are ordered to provide child support payments to the parents that have physical custody. According to Michigan state law, both parents must financially support their children.
There are clear legal guidelines for judges to determine the type of child support that is appropriate in a given case. Judges do have some discretion in deviating from these legal guidelines.
When one parent remarries, the new spouse’s income may influence the previous child support arrangement. For instance, if a father remarries, his new spouse’s salary may increase the income of his household. This can lead to an increase in his child support obligations.
Imputing Income for Child Support
Parents are not allowed to remain voluntarily unemployed to avoid child support payments. If this happens, the court is permitted to impute (or assign) an income to the unemployed parent for the purpose of calculating child support.
Michigan family courts rarely impute an unemployed parent’s income. When they do, they will take the following factors into account:
- Recent employment history
- Historical income and earnings
- Job skills and abilities
- Education level
- Job search efforts
- The economic position of the person’s new spouse
Each of these factors may influence changes to the court-ordered arrangement.
Remarriage and Alimony
Spousal support payments may also be affected when one party remarries. After the alimony order has been issued, either party can request modifications.
The exception to this rule is “non-modifiable” spousal support. With this type of support structure, no changes can be made. This is true regardless of shifts in income or living situations.
The requesting spouse must show that the financial situation has changed. Very often, this will take the form of the paying party asking to end alimony requirements.
Many times, remarriage signals an improvement in the ex-spouse’s financial situation. The addition of a new spouse’s income may make alimony payments unnecessary in the eyes of the courts. For this reason, it is important to understand how remarrying could impact your court-ordered arrangements.
Contact Gucciardo Family Law
Each divorce and court-ordered arrangement is different. If you have questions regarding alimony or child support, it is vital to consult with a legal professional.
The team at Gucciardo Family Law has years of experience in helping Michigan families through divorce. Do not wait. Contact Gucciardo Family Law today for your free initial consultation.
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