Will Getting Remarried Impact How Much Child Support I Owe?

Blending families after a divorce and remarriage can be complicated, including considering how the family dynamic will change and which partner will be responsible for what expenses. A chief worry of people who wish to remarry is whether the action will affect their child support orders.

The short answer is that remarrying likely won’t impact child support; however, there are some considerations to make. Today, we’re taking a deeper look at Michigan divorce law and how it applies to child support after one partner remarries.

Remarriage and Child Support — What Michigan Families Need to Know

Child support is intended to provide for the cost of raising children, including covering their basic needs and medical care. It’s often factored in as a percentage of the non-custodial parent’s income and part of your divorce decree or custody judgment.

There’s no exact calculator for determining monthly child support in Michigan. The decision is made by considering factors such as each parent’s assets, income, and other financial information.

How the New Spouse’s Income Affects Child Support You Receive

Michigan family law judges don’t usually use the new spouse’s income as a reason to reduce the child support that the non-remarried parent owes. The thought is that it would be unfair to support a child that biologically isn’t the new spouse’s responsibility. In fact, Michigan law forbids a new spouse from being financially responsible for the child.

This holds true if the new marriage substantially improves the child’s material status. Michigan courts simply will not reduce the child support owed by the paying parent.

How Is Child Support Affected if the Paying Parent Remarries?

Even if the child-support-paying parent remarries and has more children in the new union, they are still responsible for financially supporting their other children. The court does not consider a voluntary increase in expenses — such as the expense involved in having another child — to be a valid reason for reducing child support payments.

When Can Child Support Be Modified in Michigan?

Every three years, either parent may petition the Michigan family law courts for a change in child support. To do that, the parent files a Friend of the Court petition and presents an argument for an increase in the child support received or a decrease in the support owed.

However, if one parent suffers a serious change in circumstance, they may file a petition to change the child support orders outside the three-year opportunity. If one parent loses a job, has a wage reduction, or receives a large bump in income, the court may reconsider child support.

Final Considerations About Michigan Child Support Laws

Although it can seem unfair to the support-paying parent that their ex-spouse benefits financially by remarrying, the courts still are reluctant to set a precedent for considering the new spouse’s financial situation in child support payments.

Courts also take a dim view of parents who quit working or deliberately reduce their earnings to avoid paying child support. In such situations, the court will impute income to the paying parent or pretend they still make the same wages.

Both the income disparity between each parent and the physical custody arrangement factor into child support allowances. If you’re concerned about the equity of your arrangement, contact Gucciardo Family Law, an experienced Michigan family law attorney.