Does Remarriage Affect Child Support in Colorado?
Remarriage after divorce is often a point of contention regarding spousal and child support payments. With the likely addition of additional income, you may wonder if remarriage affects child support in Colorado child support cases. In most cases, it does not. If you have questions about your child support payments after one parent remarries, the Broomfield child support attorney with Danielsen Westhoff, PC, can help answer your questions.
The Role of Child Support in Colorado Divorce
Some may be surprised to learn that child support is unlikely to change, even if one parent remarries. Understanding how the state sees it may bring some clarity to the situation. Put simply, child support is the way a non-custodial or non-primary parent ensures quality of life for their child. They may not be parenting day-to-day, but the child should still benefit from the financial stability of both parents, regardless of their relationship.
When we consider child support as part of the obligation of the legal parents, it clarifies why one parent should not pay more or less because a step-parent is now involved. The new spouse has no legal obligation to provide for your child, and their income will not be considered in the child support worksheet.
Exceptions
In some situations, though, there may be extenuating circumstances or exceptions. For example, suppose the marriage significantly changes the other parent’s financial situation through increasing their ability to work or earn money. In that case, you may qualify to modify the child support order, although this typically applies to the parent paying support.
When Will Child Support Payments Stop?
When we consider the fact that child support is part of the obligation to support a legal child, regardless of other factors in their life, it makes sense that remarriage wouldn’t necessarily change the legal parent’s support obligations.
The end of child support payments depends on your situation. In most cases, this is when they turn 19. However, if they are still in a high school or similar program, it may continue until they graduate or turn 21. This time may be extended if you have a child with severe disabilities that keeps them dependent on you for care.
Child Support Vs Alimony
Many people are confused to find out that their alimony will end based on remarriage, but not child support. During a divorce, these support orders are often discussed simultaneously, which can lead to confusion. However, while child support is intended to support the child to whom you are responsible, spousal support is designed to help maintain the quality of life or lifestyle of the parties while they establish a new life.
Once your child’s other parent remarries, they have presumably done this because they feel it is a good choice for them, and they are receiving similar support from their new spouse, who owes the same obligation to them that you did as a spouse. However, unless one parent’s rights are terminated and the new spouse adopts your child, they do not have the same obligation to the child.