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Remarriage and child support

On Behalf of | May 29, 2018 | Family Law

Divorced parents in Virginia who get remarried should be aware of how a new marriage may impact the child support they are receiving or have to pay. Depending on the situation, there are certain legal actions that may be necessary to take.

Child support is a legal obligation of the birth parents. If a custodial parent who receives child support remarries, they will probably not experience a reduction in payments.

In cases in which the new spouse wants to be an adoptive parent of the children, the adoption will not be sanctioned by the state unless the non-custodial parent gives up their parental rights. If the non-custodial parent is highly involved in their children’s upbringing and submitting child support payments, it is not likely that they will relinquish their rights.

Sometimes when a divorced parent remarries, their financial situation improves as there will be two parties in the household making money. While it may be possible to opt out of receiving child support in these situations, it is not advisable. Instead, it may be wise to invest in a Section 529 plan for the children if the money is not needed for daily expenses. For the parents who are required to make the payments, they should make sure to maintain complete and accurate documentation of all of the child support payments they submit so that they have proof on hand if there are any questions regarding if they are up to date on the payments.

A family law attorney may help a client resolve legal disputes regarding a range of child support-related issues. For example, legal counsel could help a parent modify an existing support order.