Sometimes a financially dependent spouse is awarded spousal maintenance aka alimony in a divorce for a defined period of time or permanently depending on various factors such as the length of a marriage and financial need. If the recipient later remarries or cohabitates, alimony payments will end regardless of whether the remarriage improves the financial situation of the recipient. If an ex-spouse remarries, the payor of alimony must petition the court to terminate alimony. If there are payments made after the date of marriage, a court may order the recipient to reimburse the payments.
Remarriage and Child Support Obligations
When parents’ divorce, they have an obligation to financially support their child. The child support payment is based on a percentage of each parent’s assets and income and sometimes factors in how much time each parent spends with the child. If one parent remarries, it does not have an impact on the child support payment as the new spouse does not have an obligation support a child from a previous marriage.
That said, if a substantial change in circumstances ‘related’ to the remarriage occurs it can warrant petitioning the court for a modification. For example, if a remarried spouse is voluntarily unemployed and depends on a new spouse for financial support, the court may consider the new spouse’s income to determine the child support obligation of the dependent spouse. Also, if a parent remarries and later has children, the court may factor in the costs of raising a new family in a request for modification.
Contact Our Experienced Spousal and Child Support Modification Attorneys for Help
If you are the recipient of spousal or child support, or you pay support to an ex-spouse, a substantial change in circumstances may warrant a modification of support orders. Reduction in income due to involuntary unemployment, an increase in a payor’s income, a change in a child’s needs, and even remarriage may warrant a modification to support orders. When you have questions regarding Wisconsin spousal or child support, contact Probst Law Offices S.C. for a confidential consultation at 414-210-3135.