Child Support Laws & Remarriage
Since Congress established the Family Act of 1984, the state courts now sometimes consider other factors when deciding child support, including the income of the spouse of a non-custodial or custodial parent.
Other People Are Reading
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History
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A child's needs continue to grow along with child support payments Laura Wish Morgan of the National Legal Research Group in her report on Child Support Guidelines, states that until Congress introduced the Family Act of 1984, methods for collecting child support remained rather straightforward, allowing for the non-custodial parent's ability to pay and the child's needs.
The Reality
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Second spouses' incomes are sometimes considered when judges decide child support amounts. According to Separated Parenting Access & Resource Center, although the law does not require the spouses of non-custodial parents and custodial parents to pay support, judges and attorneys often do consider their incomes when calculating child support.
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Effects
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If your spouse adopts your child, he accepts financial responsibility for it. If a stepparent takes the stepchild into her home and helps parent that child, then she assumes the role of in loco parentis and, according to DivorceSource.com, may be required to help financially support her stepchild in return for the child's services at the proper time.
Considerations
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The courts may increase child support payments based on your household income. Margaret M. Mahoney in "Stepfamilies and the Law" asserts that when a non-custodial parent remarries a person with substantial earnings, the courts generally show a willingness to consider this factor when determining the amount of child support the non-custodial parent should pay.
Other Factors
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Payments may decrease if a parent's new spouse has higher earning capacity. California Department of Human Services maintains that a non-custodial parent's child support obligations may decrease if he remarries and has children with his new spouse.
Insight
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A stepparent may be required to pay child support. Twenty states have statutes which impose financial responsibility on stepparents of children living in their households.
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References
Resources
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