Does Remarriage Affect Child Support in Virginia?

Child support is an important financial matter that is also legally complex. If you have a child support obligation in Virginia and are preparing to remarry, there are several important factors that you should take into consideration. Our experienced Virginia child support attorneys at Bristle Schulze are standing by to help ensure that you know your rights and that they are well protected.

How Child Support Is Calculated in Virginia

There are specific legal guidelines that determine how child support is calculated in Virginia. The primary variables include all the following:

• The total amount of the parents’ combined earnings
• The percentage of this total amount that applies to each parent
• The number of minor children covered by the child support order

The total child support amount is calculated according to Virginia’s guidelines and is apportioned between the parents according to the percentage of the total income they earn. Generally, the noncustodial parent, or the parent who has the children less often, has the child support obligation.

Each parent is responsible for paying the percentage of child support assigned to them. It’s presumed, however, that the custodial parent covers this amount directly – by providing the children with their primary residence.

When exes share parenting time more equally, the higher earner typically makes the child support payments. In these cases, the child support amount is determined in relation to the difference in the parents’ incomes.

When Remarriage Can Make a Difference

If you are responsible for paying child support, the fact that you remarry won’t alter this financial responsibility. This is because your new spouse has no financial obligation to support your children from a prior marriage. Further, your decision to remarry doesn’t affect your financial responsibility to your children.

If Your Financial Obligations to Your Household Have Decreased

While it’s true that your new spouse’s income will not affect your child support obligation, the matter doesn’t end here. If your living expenses decrease significantly as a result of your new marriage, your child support obligation could increase.

If You Have Another Child

If your new marriage leads to another child or to more children, it’s a factor that the court can take into consideration regarding your child support obligation. The State of Virginia is invested in supporting the best interests of every child involved in every case, including any children that you have post-divorce.

Ultimately, the court is bound by Virginia’s income shares model. If, however, there is a factor that renders this standard calculation method either inappropriate or unjust, the presiding judge can deviate from it. And remarriage has the potential to support a change in a child support order.

Turn to Our Experienced Virginia Child Support Lawyers for the Help You Need

Our seasoned Virginia child support attorneys at Bristle Schulze are committed to helping you successfully navigate the legal intricacies of your case – with your financial rights intact. Learn more about everything we can do to help by reaching out and contacting us online or giving our firm a call at 703-454-0701 today.