Remarriage’s Effect on Child Support in California
Both parents have an equal responsibility to provide financial support for their child regardless if the parents are married, divorced, or in a new marriage with a different partner. Here’s how remarriage affects child support in California.
In California, either parent’s remarriage will not directly affect child support. As only the child’s biological parents are responsible for financial support, the stepparents’ income will not be considered for child support, unless extraordinary circumstances present hardships to the child.
Factors Used to Determine Child Support in California
Under California Family Code 3900, both legal parents share equal financial responsibility for their child. Child support in California is determined by a standard formula that takes into account the parent’s net income, as well as the agreed custody arrangement or parenting time. Other factors that may be considered in determining child support include, but are not limited to:
- How many children the parents currently have
- Financial support of children from different relationships
- Health insurance expenses
- Tax filing status of each parent
- Parent’s retirement contributions
- Any other factors
Related: 7 Factors That Determine Child Support in California
While remarriage may not have a direct effect on child support, the introduction of varying factors such as new children from a different relationship, different tax filing status, etc. should be considered when making an order. If there is disagreement among the parents regarding child support, a judge will decide the amount based on California’s uniform guidelines.
Effect of Subsequent Spouse’s Income on Child Support
While biological parents have a legal responsibility to support their child, the new spouse of either parent has no such obligation. Under California Family Code section 4057.5, California judges cannot consider the new spouse’s income when determining or modifying child support. However, in cases that present extreme financial hardship to the child due to extraordinary circumstances, this may change.
For instance, if the biological parents’ income is not enough to support the child’s basic needs and the remarried parent’s new spouse has a significantly larger income, the court may consider the new spouse’s funds available to the remarried parent. The step-parent’s income could now factor into child support. The court may also take into consideration the income of a new spouse when a remarried parent voluntarily quits work or remains unemployed, based on a reliance on the new spouse’s income.
It is important to note that California is a community property state, meaning that each spouse has joint ownership of marriage assets. Therefore, if one parent refuses or fails to pay child support, the court is able to place a lien on the couple’s community property. However, this does not apply to the new spouse’s job earnings.
Related: How to Enforce Child Support in California
FAQs About Remarriage’s Effect on Child Support in California
Would new children from remarriage affect a child support order?
It is entirely within a parent’s rights to remarry and have more children with a different partner. However, courts will not allow a parent to use new expenses acquired from voluntarily bearing more children as a reason to decrease child support duty to previous children from older relationships.
What are the requirements to modify a child support order in California?
In order to modify a child support award in California, a parent must first demonstrate that there has been a significant change to one or both parent’s financial circumstances. Such change must be long-term and notable. Some examples of changes that warrant a child support modification include job loss/offer, large raise, or a change in the custody arrangement. A remarriage typically does not warrant a modification in child support.
How can a parent modify a child support order in California?
If the parents can agree on a new child support arrangement, they can write it up as a stipulation and have it signed by a judge for the change to become legally enforceable. However, if the parents cannot reach an agreement, a motion requesting a modification must be filed with the court. Both parents will also be required to attend a hearing and argue for or against modification of the child support order.
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