Will Remarriage Impact My Child Support Order? In the state of Arizona there are many legal questions raised for divorced parents when one or both of those parents intends to get remarried. Read on to learn more about how this can potentially impact an existing child support order. It is wise to be informed about these issues and to speak with your Arizona family lawyer before attempting to make changes on your own.
Since the decisions associated with custody and support are handed down by the court, you need to go through the proper channels at all times when submitting any requests for modification. It’s important to realize that getting remarried might change some of the circumstances, but it does not automatically alter things. Particularly if your remarriage means that you will be moving away from your current location and/or you will be resigning from the work force. Frequently, you need to consult with an attorney anyways when you suspect that changes are needed, so that the proper paperwork can be filed.
Remarriage on its own is not enough grounds to justify modification of an existing child support order. Child support modifications in Arizona mandate a substantial and continuing change of circumstances. Since a spouse’s income does not get included in a parent’s income for purposes of computing child support, a remarriage is generally not a substantial and continuing change of circumstances for child support purposes.
What about Temporary Changes? Do They Count?
Substantial and continuing changes are what judges will consider in modifying child support. If a remarriage causes either parent to have a continuing and substantial change in his or her financial situation, then the court may consider a request for modification of child support. The changes also need to show that the circumstances will be lasting for a period of time, so temporary alterations are usually not enough to warrant a change in a child support order. Be prepared to back up any arguments you have about this being a continuing and substantial change, as this is the primary factor that any judge in Arizona will evaluate. The reasonableness of the change will also be considered by the Court if the change is made voluntarily (i.e. resigning from work in order to stay home with young children).
Consulting with a knowledgeable Arizona family lawyer is critical if you believe that you have substantial and continuing circumstances that would warrant alterations in a child support order.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Will Remarriage Impact My Child Support Order?, or any other family law issue, please feel free to contact Sheri D. Shepard at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
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