It is common knowledge that when a couple divorces in Wheat Ridge, Arvada, or Mountain View, one spouse may have to make payments to the other in the form of spousal maintenance payments (alimony) or child support. When one party decided to get remarried, there are often questions regarding how a new marriage will impact these mandatory payments. Let’s take a look at how remarriage can affect child support and alimony payments for both the paying spouse and the supported one.
Jefferson County Alimony Payments After Remarriage
There are three different ways the Jefferson County Family Law Court can award maintenance:
- A lump sum;
- Property transfer; or
- Periodic payments (often monthly)
For the lump sum or property transfer, remarriage will not affect the responsibility to pay. But, if the payments are being made periodically, then remarriage can change things. If the party who is making spousal maintenance or alimony payments decides to get remarried, the alimony payments must continue. However, if the supported spouse gets remarried, then the alimony payments will no longer be required. This is the case unless there is a previous agreement in place (like a premarital or prenuptial agreement) that outlines a different payment arrangement or circumstances. The day the spouse is remarried, the alimony payments can stop and no court appearance is required.
Remarriage and Child Support in Arvada
The purpose of alimony is to support the former spouse because he or she no longer has the benefit of the other’s income. When that spouse chooses to remarry, it is no longer the responsibility of the paying spouse to maintain the supported spouse’s lifestyle. However, with children it is different. You are always responsible for your children and finances are a big part of that responsibility. Remarriage of one spouse is not grounds to modify child support in Wheat Ridge, Arvada, or Jefferson County, Colorado. A new spouse’s income will have no bearing on child support determinations. Additional children, either by birth or adoption, will also not affect child support payments.
If you are getting a divorce and have questions about child support or alimony, contact the best family law attorneys from the Pearman Law Firm at 303-991-7600 for a initial phone consultation.
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