Coronavirus Update

In response to rapidly developing public announcements related to Coronavirus, Cage & Miles can support consults and cases remotely due to our cutting edge technology for all employees and our cloud based firm management system. Our people can work remotely on all facets of client cases. In the unfortunate event that one or more of our people are exposed to the virus, our clients’ work does not need to stop. All client files are uploaded, secured and safely backed up on the cloud. We have contingency plans in place at our two offices to see that correspondence from the court, case professionals, opposing counsel, and service providers gets uploaded to our clients’ secured cloud file so our people can work remotely. We are ready, willing and able to keep your case moving forward during these uncertain times. Please contact us if you have questions about how public announcements affect your case.

What Happens to Alimony & Child Support If I Get Remarried?

After a marriage ends, former spouses may rediscover love with a new partner and get remarried. When applying for a marriage license to remarry, an individual must disclose the judgment date on which the previous marriage legally ended and the reason for the ending of the marriage.

However, remarriage may affect the legal issues such as alimony and child support terms from an individual’s previous marriage.

In California, a person’s obligation to pay alimony automatically ends when the supported spouse remarries. However, if a divorce decree states that spousal support will continue to be paid despite remarriage, a paying spouse will not be able to modify or end alimony. If a supported spouse is cohabitating with a new partner, but is not yet married, the paying spouse may file a court order to lower or end alimony payments.

On the other hand, a parent’s remarriage won’t directly have an impact on child support in California. In most cases, only the child’s biological parents are legally obligated to support the child—not the stepparents.

State judges are prohibited from looking into a new spouse’s income, unless there are extraordinary circumstances resulting in extreme and severe hardship to the child. For instance, if a child’s biological parents do not earn enough income to support the child’s basic needs, but the mother’s new spouse has substantial income, the court may consider the funds available to the spouse through the new significant other when determining child support.

One of the most common situations, when a parent remarries, is having more children. Keep in mind, parents cannot use the fact that they’ve voluntarily had additional children as a main to lower child support.

Contact our San Diego family law attorney at Cage & Miles, LLP today for more information today.

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