Remarriage changes your financial situation, but it doesn’t automatically alter child support obligations. In Texas, child support depends on the income of the parent paying support, not their new spouse’s earnings. However, remarriage can still indirectly impact payments and modifications.
Does a new spouse’s income affect child support?
In Texas, courts do not count a new spouse’s income when calculating child support. Child support payments depend on a percentage of the paying parent’s net resources. The income of a new spouse does not count as part of those resources. However, if remarriage causes a financial shift, such as the paying parent leaving their job or taking a lower-paying position, the court may review and modify the support order.
Can remarriage lead to a child support modification?
Remarriage alone does not justify a change in child support. However, if the paying parent has additional children with their new spouse, they may request a modification. Texas law allows a reduction in child support obligations when the paying parent has other children to support. The court may adjust the payment amount based on the number of children from both relationships.
What happens if the receiving parent remarries?
If the parent receiving child support remarries, payments do not automatically stop. Child support benefits the child, not the other parent. However, if the new spouse adopts the child, the biological parent’s obligation to pay support may end. Adoption terminates the legal parental rights and responsibilities, including child support.
How can remarriage impact enforcement of child support?
If the paying parent stops making payments after remarrying, enforcement measures still apply. The Texas Attorney General’s Office can garnish wages, suspend licenses, and take other legal actions to collect unpaid support. A new marriage does not erase past due payments or prevent enforcement actions.
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