Does child support change if ex spouse remarries? In most cases, no. A person remarrying or entering into a new relationship won’t change the amount of child support that they or their former partner is liable to pay. However, a parent can show special circumstances requiring them to change their child support assessment successfully.
The non-custodial parent is typically required to contribute to the cost of raising his or her kid. This includes costs for housing, food, clothes, and medical care. Services Australia can help in changing child support if it is fair for both parents and the child.
It’s always recommended that both parents reach an agreement on child support payments. But, not all parents agree on paying child support which results in child support disputes with the other parent. So what can disputed spouses do? Read on to know more about ‘does child support change if ex spouse remarries’ and other possible circumstances.
Child Support Payments and Assessment
Couples can obtain a child support assessment to know how much child support they are going to pay for their child. Services Australia is responsible for making child support assessments. They may also reduce child support if necessary. A person cannot get a child support reassessment just because they’re not happy about certain child support arrangements. Here are some factors that will affect how much child support a parent needs to pay:
- Only the income of both parents
- The cost of raising the children
- How much time each parent spends with the children or their levels of care
- If parents are supporting other children
The number of dependent children a person has will affect child support calculation. So, it’s important to remember this when talking about ‘does child support change if ex spouse remarries’. In this case, that same person should notify Services Australia that he/she has another dependent child to support. If that person does so, the other child will be considered as one of the dependents.
If your child turns 18 in the year they finish school, then child support payments can be extended until the end of the school year. Moreover, if they are attending university or undertaking an educational course, they may be eligible for adult child maintenance under the Family Law Act.
Who Is Responsible For A Child Support Assessment?
The Child Support Agency will require documents to be provided and will investigate both parents’ income. After the assessment the Child Support agency can change the assessment based on what they believe the real income is. Below are some reasons for child support reassessments.
1. Costs Related to Spending Time With the Children
The high costs of spending time or connecting with the child have a substantial impact on the costs of parenting the child. The expenses must exceed 5% of the adjusted taxable income that was considered to determine a parent’s assessment. These costs may include:
- Transport
- Accommodation
- Phone calls
However, it won’t include food, clothes or entertainment costs. The only expense that Services Australia can take into account is travel expenses. This is if parents look after their child for at least 52 nights per year. Parents who think of the question “does child support change if ex spouse remarries?” should keep track of how many nights per year they take care of their children.
2. The Child’s Special Needs
A child’s special needs significantly impact the cost of child support payments. Some examples of these special needs are physical, mental, or learning disabilities as well as a unique aptitude or abilities. A parent’s reimbursements for daily expenses like food, clothing, or routine medical treatment are not regarded as special needs. Neither are any rebates, refunds, or allowances. Here are some proofs of a child’s special needs:
- Medical documentation detailing the child’s condition, cost, and course of therapy,
- Receipts for counselling and medical services,
- An estimate of what support and medical services may cost in the future,
- A private tutor for a young person with a severe and persistent learning handicap,
- A gifted musician’s child who needs private instruction may need instruments or lessons.
3. Educating or Training a Child According to the Parents’ Preference
An example of this is parents who prefer their child to study in a private school. Some parents may opt to pay private school fees instead of public school fees. So some parents who wonder about ‘does child support change if ex spouse remarries’ should also show the following to Services Australia:
- Signed enrolment forms
- Private school fees
- Receipts from lessons or schools
- A parenting plan, family court order, completed enrollment paperwork, or other documentation of the parents’ mutual plans
4. The Child’s Income and Earning Capacity
In some cases, the child has a high potential for earning money, assets, and financial resources which makes child support assessments unfair. Children should be financially dependent on their parents if they want to continue receiving child support. Any Centrelink income support payments cannot be included in this category.
5. Transferring of Money, Assets, or Property
When discussing does child support change if ex spouse remarries, we also need to discuss what happens after a divorce. After divorce, couples will decide on property settlement arrangements like how to split their assets and finances. The child, a receiving parent, or a third party can receive these finances, assets, and property for the child’s benefit.
6. Cost of Raising a Child Under 12 Years of Age
The parent’s or any non-parent caregiver’s childcare expenses have a substantial impact on the costs of raising a child under 12. These costs must be either more than 5% of the parent’s adjusted taxable income or at least 25% of the costs of the child for non-parent carers. Real costs are not eligible for reimbursement until any rebates, refunds, or another assistance has been received.
7. Capacity to Support the Child
Sometimes, a paying parent will feel like they have their personal expenses that reduce his/her capacity to pay child support. Parents who wonder does child support change if ex spouse remarries should prove why these personal costs are necessary or what makes them special. Another reason for people who have reduced capacity to pay child support is when they’re supporting other children.
Another important factor to consider when talking about the capacity of a paying spouse to support a child is spousal support or maintenance. Spousal maintenance is a payment through which a higher-earning party supports his/her lower-earning former spouse. Higher-earning parties have an obligation to financially support their former spouse if it’s reasonable for them to do so.
8. Unfair Child Support Assessment
The determination of child support is unfair because of the earnings, earning potential, assets, or financial resources of one or both parents. People may apply for a child support reassessment if either parent’s financial resources, income, and property aren’t showing in the assessment. They may also apply for a reassessment if either parent’s earning capacity is greater than what the assessment shows.
Does Child Support Change if Ex Spouse Remarries: Adoption
Now, what happens if the child’s birth mother gets remarried and the new partner wants to adopt the child? The child’s birth parents are responsible for raising the child. A new stepfather is not liable for his children who are not his biological children. The biological parent of the child may still be required to make regular contributions by way of child support.
Seeking Legal Advice From Family Lawyers About Child Support Obligation
There is always a possibility of parental dispute when talking about does child support change if ex spouse remarries. Hence, it’s important to seek mediation from JB Solicitors’ family lawyers who want to settle disagreements and reach an amicable agreement. We have fixed fees for all of our services that relate to child support, divorce, and other family law matters.
Contact us today if you have complex questions like “does child support change if ex spouse remarries?”
