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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
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It’s common for one or both parties of a divorce to eventually remarry. A remarriage though brings up a host of issues including alimony, child support and rights of the stepparent.

Below are answers to some of the more frequent questions about remarriage submitted through DadsDivorce.com’s popular Ask a Lawyer feature:

  • Can income from a new spouse be used in computing child support?
  • My ex is getting remarried so can I stop paying alimony?
  • Can a judge order my fiancé to not be around my kids?
  • When awarding child support, do the courts take into consideration children from my other marriage?

New Spouse's Income

When a divorced father remarries, he frequently asks will income from the new wife be used to determine child support payments?

Income from a new spouse is not considered because a new spouse does not have a legal duty to support the child, but it may be considered indirectly, according to Cordell & Cordell attorney Jennifer Paine.

For example, a new spouse may assume payments for the ex’s debts, thereby freeing the ex’s previously devoted resources for child support.

 

Alimony After Remarriage

Traditional alimony payments are modifiable when the support recipient (usually the ex-wife) remarries, Paine said. This is because support is intended to help the ex-wife maintain a standard of living that, when remarried, is easier to obtain.

Even before remarriage occurs, your ex-wife's cohabitation can be used as an argument to reduce the amount of alimony. A cohabitating relationship is one marked with the signs of serious commitment akin to marriage, such as joint purchases, joint savings, joint debts, a financial dependence on each other, etc.

But there are exceptions, including lump sum payments, property settlement payments the recipient uses for support, and of course, agreed upon non-modifiable support.

 

Can a Judge Keep Me From Her Kids?

There have been dads who have come to Cordell & Cordell complaining that their ex-wife is threatening to withhold their children from visiting if they don't like who they are dating or engaged to. Is this legal, they ask?

According to Jason Hopper, another Cordell & Cordell attorney, a judge could restrict a new relationship partner from coming in contact with the children if the judge felt that person's presence in some way threatened the safety or welfare of the children, or otherwise acted in a manner that was not in the children’s best interests.

However, unless the new girlfriend or fiancé were a sex offender, drug abuser, or career criminal, it is very unlikely she would be restricted from being around the children.

 

Children From Other/Previous Marriages

Remarriages typically involve blending children from two different families. In that case, dads want to know if their ex-wife comes back for a child support modification, will the stepchildren he is now supporting be considered in the formula?

In determining child support, children born prior to the child at issue are considered, but children born after the child at issue are not considered.

 

Of course, the best advice in any of these situations is to seek out competent legal representation, particularly from an attorney who practices exclusively in domestic litigation. Cordell & Cordell represents men in divorce across the nation.


Comments (3)Add Comment
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written by Frank Smith, December 08, 2011
I was paying child support and just recently remarried. But now my wife is signing the checks for the support. Does my ex have a case in court?
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remarried and had kids how does this affect child support
written by AgreatDADtoo, July 17, 2012
I remarried and had an additional 2 kids, how does this affect my payments of child support to the xwife? does my new wife's salary get included and does my payment reduced now that I have 4 kids? 2 new and 2 xwife?
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If my x and her boyfriend(who is my 1st cousin) have 4 children and 1 who comes about every other weekend MAYBE 1 out of the 5 is mine I pay child support $61 a month my new income is $1000 every two
written by Anonymous , June 02, 2014
Long story short while still pregnant with our daughter my x ran off with my first cousin she now lives with him it's now her, my cousin his two children her first daughter, of course our daughter we have together and new baby that they have together. I'm all for supporting my daughter but I don't want to have to support there children and I know that my child support is supporting her make up, and her other kids diapers and clothes and it boils my blood I been through enough I want the money I have to pay to go to my child alone for her clothes, and diapers, and food I don't think it should help support them for there gas,bills,and all there kids! Plus even though there is no agreement in paper she is with me and my girlfriend every other week so the time is split 50/50......I was unemployed so I only had to pay $61 dollars a month child support now I have a better paying job but I don't want it increased because I think that is plenty for someone who has her own man who takes care of her she has no job & he is a felon he does under the table work and you can only imagine with all the kids how much they get in taxes, & they get food stamps, etc. I have no other help I'm trying to move into my house with my girlfriend and give my daughter a stable environment because at her moms it's about seven people in a three bedroom trailer in a trailer park with no yards just right up on your neighbor not to mention having to explain to her why she has a cousin/half brother but that's extra drama I just don't want to be putting 160 dollars or whatever it might increase to if not more just because she has no job,because they struggle because they choose to have so many children....I wish I could have full custody so she wouldn't grow up in this drama but I can't do that & I feel like I have no choice but to be a slave to my x and never have anything of my own because I wouldn't be able to get on my feet and ever have my life and give my daughter something more than her our cousin and her moms little crap trailer. :( I have not informed anyone I have a new job I don't want any of my pay deducted and given to her and I always said if she was a single mother who worked I suppose I could understand but I know she is already using what I pay for my daughter on her other children and herself & my cousin. I hate this & I don't know what to do :( Why does the man have to be made a slave & the women because she has a lesser income a.k.a wants to sit on her ass and just spread her legs be rewarded with a cut from my pay check when she has her own man to take care of her and her own other kids to look out for? I care about my daughter and my daughter alone! What should I do? There is no talking to this women she is a liar, manipulator, over exaggerate , a whore, a loud mouth, an idiot just the worse..one thing I do know is she lied about how many children were in her house because when I went to settle how much I would paying for child support the lady handling told me she said three but that's not true she should have to include the entire house hold which is 4 not including my cousins other kid who lives with deceased x wifes mother for some reason he took in my kids and decided someone else could raise her but ..this just isn't fair this child support shit is messed up and is stupid and unfair I'll never have a damn thing will I.

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