( 300+)Remarriage following divorce is a dream for many, but few really understand how another trip down the aisle can affect child support. South Carolina’s law is complicated, and each person’s situation is different. Some parents might see their child support obligation increase after remarriage, while others will see a decrease. And some might not see any change at all.
If you have recently remarried, or if your ex has, you need helpful information about child support and remarriage. South Carolina’s guidelines are the starting point for calculating child support, and either parent’s remarriage might affect the amount they are obligated to contribute to their child’s upbringing. Call our office to speak with a Greenville child support attorney in a confidential consultation.
There is No Direct Impact
We should get something out of the way: getting remarried does not have a direct impact on child support. So a parent who receives support will not automatically lose it if they remarry. Similarly, the parent who pays will not immediately have to pay more because they remarried. So, in these respects, there is no direct impact from remarriage.
Nonetheless, some indirect ways getting remarried could affect the child support calculation, which we discuss below.
How Does Remarriage Affect Child Support?
To modify a child support order, a parent must convince a judge that there has been a change in circumstances, and the change should be substantial. Remarriage sometimes results in this type of change, but not always. Minor changes in income or custody are not enough in most situations. Let’s look at how remarriage can change the child support calculus. Call Angela Frazier for advice regarding your specific case.
Supporting More Children
The child support guidelines consider each parent’s income and the number of children they support. When a parent remarries, they might become responsible for more children, which could decrease their support obligation.
Suppose Person 1 is paying child support to their ex when they remarry. Their new wife has two children, and Person 1 is now the stepparent. If Person 1 adopts these children, then they are now supporting more children than they were when their initial child support order was set.
Under South Carolina’s guidelines, parents can deduct from their income the support they provide for other children. In this example, Person 1’s gross income is lower because they have adopted their stepchildren, so the change could impact whether they can request a reduction in the support Person 1 pays.
Typically, you need to be legally responsible for the children, which means they are your biological children or adopted. It probably is not enough that you are simply living in a home with other children if you have no legal responsibility for them.
Loss of Alimony
When calculating child support, the guidelines count a parent’s alimony as part of their income.
However, in South Carolina, you will lose alimony when you remarry or even cohabitate with a romantic partner. For this reason, remarriage can result in a parent’s income dropping after remarriage.
Suppose Kevin was also paying alimony to his ex-wife when she remarried. Now, her income could be considerably lower because alimony terminated upon her remarriage. She might argue that her support obligation should be lower as a result.
Changes to Custody
Sometimes, child custody changes after remarriage. For example, one parent might move farther away to be with their new spouse, in which cas,e the current schedule is no longer sustainable. The children might end up spending less time with one parent because of a move.
South Carolina’s guidelines consider the number of overnights the children have with each parent when calculating child support.
After remarriage, the custody schedule could change significantly. A parent might see their children much less, or they might even become the custodial parent. These changes can impact the amount of support this parent pays.
Does Spouse Income Affect Child Support?
Typically, the answer is no. South Carolina’s guidelines state that a parent’s income does not include income from other members of the household. So that means the new spouse’s income would not be included in the calculation, so this is not a reason to request a modification.
In some cases, you might argue that the new spouse’s income has dramatically shifted your ex’s living standards. But that is a tough argument to make.
How Judges View Modification Requests
Ultimately, whether to modify child support rests with the discretion of the judge. A judge looks at many factors:
- Each parent’s financial condition
- The child’s needs
- Any change in the child’s living conditions
A judge will only award a modification if it is in the child’s best interest. That is the overriding consideration in any family law dispute involving children. Also, it is hard to get a judge’s decision overturned on appeal, so the result in the trial court tends to be the result that sticks. If you are in a modification hearing, it is important to hire counsel to represent you.
An experienced child support lawyer makes a difference when it comes to child support modifications. A skilled lawyer knows how to craft a strong argument to either reduce or increase the amount of support ordered. Without representation, a parent might end up not getting the support they need, or they could pay far too much. We encourage anyone with a question about child support and remarriage to contact Elliott Frazier — Family, Personal Injury & Car Accident Attorneys, LLC. Our office can answer questions and provide advice tailored to your unique situation.
Speak with an Attorney Today
Angela Frazier is proud to represent clients in a variety of family law cases, including child support modification. Despite the state’s guidelines, judges have some discretion when setting the amount of support, and they have even more discretion when determining whether to modify an existing order. If you are considering remarriage, or if your ex has recently married, you should consider how child support is impacted. Contact our office to schedule a consultation.
