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How Does Remarriage Affect Child Support?

How Does Remarriage Affect Child Support?

By , of Carmichael Law Professional Corporation posted in child support on Friday, February 11, 2022.

When spouses or partners with children separate, one parent often provides the other parent with child support payments to help with the costs of raising the children. Child support payment amounts can be changed in some situations, but typically only when one or both parents experience a significant change in financial circumstances.

In this blog, the team at Carmichael Law explores when remarriage or re-partnership can be considered a change in financial circumstances and whether remarrying or re-partnering could affect your child support agreement.

Child Support in Oshawa

Parents in Oshawa have a duty to support their children financially, regardless of whether they are married, partnered, divorced, or separated. Children have a legal right to receive child support, which is intended to help pay for necessities such as their food, clothing, shelter, and education.

In most cases, child support agreements involve one parent paying the other parent to cover childcare expenses. The parent who receives child support payments, also known as the “recipient” parent, is usually the parent who spends the most time with the child.

Many separated parents are able to agree on child support payments without going to court. However, in some cases, parents need the help of lawyers, mediators, or other professionals to determine how much child support is warranted.

When parents cannot agree on child support issues, they sometimes need to go to court. If this occurs, the courts typically use federal Child Support Guidelines to determine how much one parent must pay the other in child support.

Does Remarriage Affect Child Support in Oshawa?

When one parent remarries or re-partners after a divorce or separation, it’s not necessarily automatic grounds for a modification of child support. This is because the payor parent has a legal duty to support their child, not the other parent, and a change in either parent’s circumstances does not directly affect a child’s right to support.

However, a remarriage or re-partnering can represent a significant change in the recipient parent’s financial circumstances. As a result, some parents may decide a change in the amount of child support owed is warranted.

If both parents agree to change child support payment amounts after remarriage or re-partnering, they can update their original arrangement or draw up a new one, then ask the court to make the changes official. If both parents don’t agree, either parent can file an application asking the court to modify the original order independently.

How Can a Lawyer Help Me?

If you or your child’s other parent has recently remarried or re-partnered, you may be wondering how you can modify your child’s support payments. Child support issues can get complicated quickly, so it’s best to have an Oshawa child support lawyer on your side who can:

  • Help you understand the legal aspects of your child support case
  • Make sure you know what to expect at every stage of the game
  • Evaluate your case and provide dependable legal advice for your next steps
  • Communicate with your ex, their lawyer, and other third parties on your behalf
  • Calculate a reasonable estimate for your child’s support payments
  • Represent you during court hearings and defend your rights at all times

Contact Carmichael Law Today

At Carmichael Law, our knowledgeable Oshawa child support lawyers are committed to making ourselves accessible to you and are always willing to discuss your legal needs as they arise. To learn more about how our child support lawyers can help you, contact us online or by calling 905-571-5123 today for your initial consultation. We’re ready to listen to you and help you understand your legal options.

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