In Florida, parents are legally required to financially support their children. That is why child support is usually ordered after a divorce. Florida calculates child support using the Income Shares Model, which considers both parents’ incomes to determine the total support amount. Each parent is then responsible for a share of that amount depending on their income. The court also considers the number of overnight visits each has with the child. In some cases, a parent with more parenting time may still need to pay child support if they earn significantly more income.
Most parents even ask whether getting remarried affects child support. In most cases, various financial changes that come with remarriage may indirectly impact child support. The reason is that every situation is different, so it is best to talk with an experienced family law attorney if you have any questions regarding how remarriage can affect your case.
What To Know About Child Support in Florida?
Child support is a payment ordered by a court. One parent pays a specific amount to the other parent to help cover their child’s financial needs. The amount of child support is usually decided by the court, based on each parent’s financial situation and the time each parent spends with the child. When calculating child support, the court considers various factors:
- Each parent’s net income.
- Cost related to the child, including childcare and healthcare expenses.
- The child’s basic financial needs.
Once the court orders child support, those payments are legally needed and enforceable by the court. The support order can sometimes be changed, ended, or even canceled under various situations. However, parents should continue making payments as ordered unless the court approves any modifications.
How Does Remarriage Affect Child Support?
Remarriage alone does not change a parent’s legal responsibility to support their child. However, there are certain financial or life changes that come with remarriage. These can indirectly affect child support. In Florida, a new spouse’s income is not particularly considered when calculating child support. The court does not consider a stepparent’s income as part of either parent’s income for child support purposes.
However, if a new spouse helps cover more household expenses, that can leave the parent with more available income to support the child. So, that income is indirectly considered in some situations. That said, if you are marrying someone with a higher income, it is usually not enough on its own to reduce or modify child support. A new spouse’s earnings usually do not justify changing an existing support order.
For example, if a parent relocates because of a job change, remarriage, leaves employment, or experiences an increase in the travel costs related to parenting time, these factors can support a request to modify child support. However, if a parent chooses to stop working because their new spouse can financially support them, that decision alone will not reduce either parent’s child support obligation.
Check out Florida Child Support FAQ: Who Pays And How Are Costs Determined?
How are Noncustodial Parents Responsible For Child Support in Florida?
Noncustodial parents in Florida are those who do not have primary custody of the child. They should understand that the reasons for reducing child support are limited. For example, even if a noncustodial parent remarries or has additional children, those changes alone will not reduce their child support obligations, even if their monthly expenses increase.
When checking child support, the court usually focuses on the financial circumstances of the child’s parents, and not the income, expenses, or financial contributions of other family members or people living in the household.
Can You Modify Child Support in Florida?
You can change a child support order, but only under some circumstances. Either parent can request a review of the support order through the Child Support Program. During that review, both parents will be asked to provide financial proof and other relevant information.
What happens when you think about Changing Child Support Agreements in Florida?
The court in the Child Support Program usually looks for permanent, substantial, and involuntary changes in circumstances. These can affect the current support order. If you are requesting a modification, you should be prepared enough to provide evidence showing that a qualifying change has occurred. Personal opinions or emotional arguments alone are not enough to justify changing child support.
In most cases, a support order is not reviewed if it has already been reviewed or modified within the past three years, or if the order is set to end within six months of the requested review. However, major life changes, such as a child developing a disability, can allow for exceptions to these limits.
If you are not sure if your situation qualifies for such modifications, you can hire a qualified family attorney to learn about options.
Know The Role of a Divorce Attorney in Child Custody Battles.
How Having New Children Can Affect Child Support?
Many divorced parents remarry and have children. However, even if you have a new child, it does not change your duty to support the children covered by an existing child support order. The costs of raising another child usually do not reduce the support of the children from a previous relationship.
In most cases, a parent cannot ask the court to lower child support just because they have children from another marriage. However, if a parent receiving child support asks the court to increase payments, the paying parent can explain in that situation that they have other children to support. It can sometimes help prevent an increase, usually when the parent takes on extra work or earns money to help support their new family.
Florida law expects parents to think about their current child support responsibilities before they have children from another marriage. Still, there are some exceptions. For example, if a parent has another child with serious disabilities or special needs that need more financial support, the court can consider adjusting the existing child support orders.
Contact Us For Legal Guidance
If you or your ex-spouse has remarried and there has been a change in either party’s financial situation, you can contact our attorneys at the Affordable Divorce Center for experienced legal guidance. We can thoroughly review your situation, explain the available options, and help protect your rights while prioritizing your best interests. Visit our West Palm Beach or Boca Raton office today.
