Houston Child Support and Remarriage

Provided by our Houston Divorce Law Firm

Photo a Child Support Hearing DocumentEvery child has the right to support from his or her parents. This right cannot be eliminated by remarriage of the parents. Accordingly, if one of the child’s parents remarries, the child is still entitled to support from his or her birth parents.

Remarriage of the Parent Responsible for Paying Child Support

Under Houston law, remarriage of the parent responsible for making child support payments cannot affect that parent’s child support obligations. Accordingly, the obligor parent’s new obligations to his or her new spouse or new stepchildren cannot be used to modify pre-existing child support obligations.

Likewise, the new spouse’s income and resources cannot be used to calculate higher child support payments. While changes in the parent’s individual income levels may affect the calculation of child support obligations, an increase in household income resulting from remarriage is not considered when determining a parent’s child support obligations.

Remarriage of the Parent Receiving the Child Support

While alimony obligations may be affected by remarriage of the recipient spouse, this is not true with child support obligations. Because children are entitled to support from each of their parents, the non-custodial spouse is obligated to continue paying child support, even if the custodial spouse remarries. Similar to instances where the obligor parent remarries, the income and resources of the custodial parent’s spouse are not taken into account as a change in the custodial parent’s income for purposes of calculating child support.

Marriage or Remarriage of the Child’s Parents

In some rare circumstances, the child’s parents may remarry (or marry for the first time) each other. If this happens, the child support is terminated because both parents are supporting the child together. If, subsequent to remarriage, the spouses divorce or separate, the court will determine new child support arrangements.

Assisting Parents in Child Support Modifications

If you or your child’s other parent are facing the possibility of remarriage, it is important that you have a Houston family attorney on your side to advise you as to how the remarriage will affect your current child support rights and obligations. At the Houston divorce law firm of John K. Grubb & Associates, P.C., we understand the complex Houston child support rules, including how to modify child support obligations and how to enforce payment of child support. For assistance with your child support matter, contact the Houston divorce lawyers at John K. Grubb & Associates, P.C., today.

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