Will my child support go down if I get married? If I get married, will my income be considered in a child support calculation? Do I lose spousal support if I remarry in NC?
These are important questions. Remington & Dixon PLLC explains how remarriage affects child support and spousal support in NC.
Child Support in NC
By itself, remarriage does not change child support in North Carolina. Financial support of a child is the obligation of the two legal parents. If remarriage leads to a change in circumstances of a legal parent, it may indirectly impact a child support award.
The Impact of Remarriage on Child Support
In North Carolina, a child has the right to support from both parents. In NC, stepparents do not have a legal obligation to financially support stepchildren.
Child support and remarriage are not related. Whether it is the payor or the recipient of child support who remarries, the amount awarded under the NC Child Support Guidelines doesn’t change.
Does a spouse’s income affect child support?
N.C.G.S. § 50-13.4 says that “the father and mother shall be primarily liable for the support of a minor child.” The purpose of child support is to give the child the same standard of living that they would have had if the parents were residing in the same household.
The NC Child Support Guidelines say:
Except as otherwise provided, income does not include the income of a person who is not a parent of a child for whom support is being determined, regardless of whether that person is married to or lives with the child’s parent or has physical custody of the child.
However, there may be an indirect impact on child support if the number of legal dependents changes.
Additional children
When a parent remarries, they may have additional children, either by birth or adoption. There may also be stepchildren in the home.
The presence of stepchildren in the home does not change child support if the stepchildren are not legally adopted by one of parents in the child support case. If the children have been legally adopted, or if one of the parent has additional biological children or adopted children with their new spouse, it may change the child support formula.
When calculating child support, the parents’ financial responsibility for natural or adopted children residing in the home is deducted from their gross income. The parents’ financial responsibility is the basic child support obligation for the children in the home, based on the parents’ income.
Note: The presence of other children is not, by itself, grounds to modify an existing order. But when a child support order is entered or modified for other reasons, the deduction for children in the home may be taken.
Non-working parent and imputed income
Sometimes, when a parent remarries, they choose not to work or reduce their work. In that case, the court may calculate child support based on the parent’s earning potential, rather than their actual income if it is determined that the change in employment was done in bad faith. This can lead to a significant factual dispute about the parents’ ability to work, including the impact of young or disabled children on the parents’ ability to work.
Health insurance paid by a stepparent
Sometimes, when a parent remarries, health insurance for the child is provided by the parent’s spouse through their employer. The amount paid by the parents’ spouse for health insurance for the children of the child support order is prorated between the parents. It’s prorated based on the respective income share of each parent. Employer contributions are not deducted.
Modifying Child Support
Child support in North Carolina may be modified if there is a substantial change in circumstances. While what the court considers a substantial change can vary between cases, a change in circumstances is presumed if the current order is at least three years old and the new payment would change by more than 15% from the current order.
Can Marriage Affect Spousal Support
If the spouse who receives spousal support remarries, spousal support terminates. The award terminates immediately, whether it was temporary or permanent.
Marriage or cohabitation terminates an alimony or spousal support award. NC alimony laws define cohabitation as dwelling together continuously and habitually. (N.C.G.S. § 50-16.9).
If the spouse who pays support remarries, it does not affect alimony.
Modifying Alimony for Remarriage
Petitioning the court is not required when the party receiving spousal support remarries – termination is automatic on the date of marriage. There is no automatic termination when a former spouse is cohabiting, so the other party will likely need to file a motion requesting that the support obligation be terminated. A former spouse may try to hide their cohabitation, which can create a dispute for the court.
The occasional overnight is not considered cohabitation. It must be continuous and habitual.
Generally, a lump sum alimony award does not have to be repaid if the recipient remarries.
How a North Carolina Family Lawyer Can Help
If you pay or receive support, a North Carolina family lawyer can help. It’s important to know how remarriage may change child support or alimony. A lawyer can help you understand what to expect in your situation. They can motion the court for modifications that benefit you. They can represent you in responding to court actions filed by the other party.
Contact
If you have questions about child support or spousal support and remarriage, contact our office to schedule a consultation with attorney Jennifer Dixon of Remington & Dixon. Get advice for your situation and legal representation that protects your rights. Contact us today.
