Efficient And Compassionate Family Law Representation

What happens to child support in the event of remarriage?

On Behalf of | Feb 22, 2023 | Child Support |

Maryland divorced who share physical custody are required to also share in supporting their children. As a result, you might question what happens to child support if one party remarries. This is how child support is handled regardless of which parent marries a new spouse.

Child support laws

By law, all parents must financially support their kids. It doesn’t matter whether a person has custody of their child or only gets visitation. One parent must pay child support to the other based on their financial situation and various additional circumstances.

When the court determines how much money should be paid in child support, it considers each parent’s income and uses a specific formula established by the state. If any special circumstances exist such as the child requiring extensive medical care or therapy, the amount may be raised. However, child support often changes throughout the child’s life based on their changing needs.

How remarriage affects child support

When a parent gets remarried, the court does not determine that the new spouse is financially obligated to pay toward the child’s welfare. As a result, if the newly-remarried spouse is the one paying, they will have to continue paying child support toward the parent receiving that money. The new spouse’s salary has no bearing on what must be paid.

If the parent receiving the child support is the one who remarries, the same rule applies. Even if their spouse earns a significant salary, it won’t affect child support payments. There is only one exception: if the new spouse legally adopts the child, they would be responsible for financially supporting them. However, this could only happen if the biological parent agrees to relinquish their parental rights to allow it.

Just as with child custody, courts rule on support issues with the child’s best interests in mind.


FindLaw Network

Law Office of Dawn M. Green,
has been Nominated and Accepted as 2015 AIOFLA’S 10 Best Law Firm in Maryland For Client Satisfaction

Martindale-Hubbell Client Champion, Gold, 2019
Martindale-Hubbell | AV Preeminent | Peer Rated for Highest Level of Professional Excellence | 2019
Rated by Super Lawyers | Dawn M. Green | SuperLawyers.com
Chesapeak Family Life, Family Favorites, 2020 Maryland badge