Does Child Support Change With Marriage

State:
Arizona
Control #:
AZ-01952BG
Format:
Word; 
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Description

In Arizona the terms of the divorce will specify the conditions that alimony will stop. The obvious reasons for terminating alimony are the death or remarriage of the person receiving the payments. Since many spousal maintenance awards are for a fixed number of years, the lapse of that period of time will cause the termination of the payments.


Matters that will require an evidentiary hearing shall be brought before the court using a "petition for order to appear" (often currently referred to as a "petition for order to show cause").


Section 25-327 of the Arizona Revised Statutes provides in part:
Provisions of any decree respecting maintenance or support may be modified or terminated only on a showing of changed circumstances that are substantial and continuing except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate. The addition of health insurance coverage as defined in section 25-531 or a change in the availability of health insurance coverage may constitute a continuing and substantial change in circumstance. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state. Modifications and terminations are effective on the first day of the month following notice of the petition for modification or termination unless the court, for good cause shown, orders the change to become effective at a different date but not earlier than the date of filing the petition for modification or termination. Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or the remarriage of the party receiving maintenance.

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By itself, either parent's remarriage won't justify a change in the amount of child support you're paying or receiving for those kids. When one spouse remarries in California, the remarriage does not directly impact any existing child support orders.Generally it does not affect your court ordered child support. Step-children are not included in calculating child support. It is important to note that remarriage itself does not automatically change child support payments. Either parent or the child's legal guardian can ask for a change (called a "modification") to increase or decrease the amount of court-ordered child support. After divorce the income of your new spouse shouldn't affect your child support payment unless you reduce your earning capacity. Under California law, a new spouse's income is not used in the calculation for child support. It may only be considered in rare cases. Our state recognizes the presumption of paternity.

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Does Child Support Change With Marriage