After a marriage ends, former spouses may rediscover love with a new partner and get remarried. When applying for a marriage license to remarry, an individual must disclose the judgment date on which the previous marriage legally ended and the reason for the ending of the marriage.
However, remarriage may affect the legal issues such as alimony and child support terms from an individual’s previous marriage.
In California, a person’s obligation to pay alimony automatically ends when the supported spouse remarries. However, if a divorce decree states that spousal support will continue to be paid despite remarriage, a paying spouse will not be able to modify or end alimony. If a supported spouse is cohabitating with a new partner, but is not yet married, the paying spouse may file a court order to lower or end alimony payments.
On the other hand, a parent’s remarriage won’t directly have an impact on child support in California. In most cases, only the child’s biological parents are legally obligated to support the child—not the stepparents.
State judges are prohibited from looking into a new spouse’s income, unless there are extraordinary circumstances resulting in extreme and severe hardship to the child. For instance, if a child’s biological parents do not earn enough income to support the child’s basic needs, but the mother’s new spouse has substantial income, the court may consider the funds available to the spouse through the new significant other when determining child support.
One of the most common situations, when a parent remarries, is having more children. Keep in mind, parents cannot use the fact that they’ve voluntarily had additional children as a main to lower child support.
Contact our San Diego family law attorney at Cage & Miles, LLP today for more information today.
