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PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Protecting What Matters Most

How are child support and custody affected by remarriage?

| Jul 9, 2021 | Child Custody & Support

Divorce is very common in Rhode Island, but you can find love again. If you get remarried, you may wonder what might happen with your child support and custody orders. It’s worth knowing what impact your new marriage may have on these matters.

What happens if you’re the custodial parent and you remarry?

If you are the custodial parent and you have sole physical custody of your child from your previous marriage, you likely receive child support. When you are ready to remarry, it’s worth knowing what impact your new marriage can have on child custody and support. You may also have a question in mind about what can happen if your new spouse chooses to legally adopt your child.

Getting remarried has no effect on child support. By law, both legal parents of the child are responsible for supporting the child. As a result, there is no issue with the court reducing that support as a result of your new spouse’s income. At the same time, a parent has the right to request a modification of child support depending on the circumstances.

If your new spouse wants to adopt your child, that is only possible if the other parent of your child gives up their parental rights. This is rare, but if it occurs, that parent no longer has to pay child support.

What happens if the non-custodial parent remarries?

If the non-custodial parent remarries, they cannot simply start a new family at the expense of their child from a previous marriage. They should speak with an attorney about the consequences of a blended family prior to getting remarried. Child custody and support may or may not change. In terms of support, your new spouse isn’t responsible for paying.