Overview of Child Support Obligations and Factors Considered in its Calculation:
In family law, changing circumstances often arise which can affect previously established decrees, specifically in child support agreements. One common scenario that we often encounter involves a parent’s remarriage, which can prompt our clients to question whether this can serve as grounds for modifying their child support obligations. However, the answer to that question is not always straightforward. In this blog post, we will delve into the nuances of Utah’s legal procedures to gain clarity on this topic.
Utah law does allow for the modification of child support under certain circumstances. This can include significant changes in:
· One or both parents’ wealth or assets
· One or both parents’ income (if the change is at least 30%)
· One or both parents’ employment potential
· One or both parents’ legal responsibility to support others
· Medical needs of the child or children
· Child custody modification
Additionally, there is an option to modify child support even if there is no significant change in circumstance, but it must be at least three years since the final governing order has been issued or previously modified.
Will Remarriage Affect Child Support Obligations?
While a parent’s remarriage is not automatically considered a reason for a modification of child support, it can create a compelling case with some of the circumstances listed above. For example:
· Changes in the remarried parent’s wealth or assets resulting from the remarriage may prompt a modification, although the income of the remarried parent’s spouse is not factored into child support calculations.
· If the remarried parent has other children in the home with their new spouse, the courts may consider any new obligations to ensure fairness and equity in the updated child support order but will not reduce a previous child support award.
· A remarriage leading to child custody modification can also impact the original decree.
Seeking Legal Advice for Child Support Matters after Remarriage:
In conclusion, the impact of a parent’s remarriage on child support modification depends on several factors that are unique to each case. If you think you might have a strong case for modifying child support, contact us today to schedule an initial consultation with our experienced family law attorneys. Our attorneys and staff will help you through the process and ensure your rights and interests are protected.