Effects of Remarriage on Child Support
In Wisconsin, the remarriage of either parent does not automatically change the amount of child support that needs to be paid. However, there are several indirect ways that remarriage can impact child support.
Direct Effects
Remarriage of either the custodial or non-custodial parent does not automatically change the existing child support order. Child support continues according to the original order unless a formal change is asked for and granted by the court.
Definitions: The custodial parent is the parent the child lives with most of the time. Typically, the non-custodial parent pays child support to the custodial parent.
Indirect Effects
Either parent can request a change in the amount of child support if they can show a substantial change in circumstances1. Read our article How to Change Child Support When Parents Disagree to learn more. A substantial change in circumstances can include a big change in either parent's income, a big change in the needs of the child, or other factors affecting the parent's ability to pay or the child's needs. Remarriage itself is not usually enough to ask for a change, but the financial changes that come with remarriage can be relevant.
Increased Household Income
If the remarriage leads to a large change in the financial state of either parent (e.g., the custodial parent’s household income increases due to the new spouse’s income), this might be considered in a request to change the child support order. However, the court generally focuses on the biological parents’ income, not the new spouse's income.
Shared Expenses
Remarriage often results in shared household expenses, which can affect the overall financial situation of the remarried parent. If a parent who pays child support gets remarried and their new spouse helps pay for household expenses, the other parent might argue that the paying parent has more money for child support.
New Dependents
If the remarried parent has additional children with their new spouse, this could affect their financial responsibilities and might be considered in a request to change the child support order.
Conclusion
Remarriage in Wisconsin does not automatically change child support, but it can indirectly impact the financial circumstances of either parent. To change child support due to remarriage, a parent must show a substantial change in circumstances and file a motion with the court. The court will consider the best interests of the child and the financial situation of both parents before making a decision. Consulting with a family law attorney can help navigate the process and ensure that all relevant factors are considered.
Citations:
- Wisconsin Statutes § 767.59(1f)
