Does Remarriage Affect Child Support in Florida?

• Remarriage does not usually affect child support
• What to know about child support in Florida
• Noncustodial parent and child support in Florida
• Modifying child support in Florida
• FAQ
• References

If you have been receiving child support from your child’s other parent, you may wonder if getting remarried would affect the amount of child support you receive from your ex. After all, if you remarry, you may very well increase the amount of money brought into your home.

Remarriage does not usually affect child support

In Florida, a person’s remarriage does not typically affect the child support they receive from an ex.  There have been court battles over this issue, with individuals arguing that an ex-spouse’s new spouse, fiancé, or similar individual provides them with more financial support. Therefore, they assert, the new person’s contributions should be considered when recalculating child support. 

Through these legal battles, the court has shown that it considers child support the right of a child and that the remarriage or supporting relationships of one or both parents is irrelevant.

Why? Theoretically, child support payments are calculated based on the net income of a child’s parents. (Much of the relevant law is discussed in Section 61.30 of Florida Statutes.) The amount of money a parent is required to pay could increase or decrease … but not due to remarriage. (Note: The same is not true of alimony and spousal support payments. If a divorced person who was receiving alimony gets remarried, they are no longer considered dependent on their ex for financial support.)

What to know about child support in Florida

Child support is the name given to court-ordered payments sent to a child’s parent by their other parent. This money is meant to support the child financially. 

The amount a parent must pay is calculated by a judge based on the payor’s financial circumstances and how much time they will be spending with the child. 

Some factors the judge will consider when calculating child support payments include the following:

• The net income of both parents
• Costs associated with the child, including the cost of healthcare and childcare
• The standard needs of the child

The amount set by the judge is legally owed and enforceable. While a support order can be changed, terminated, or vacated, it’s important to assume that ordered payments must be made on time if you want to avoid potential legal issues. 

Noncustodial parent and child support in Florida

A noncustodial payor parent in Florida (the parent without primary custody over a child) should understand that the circumstances that allow for them to get their child support obligation reduced are limited. 

For example, even if they remarry and/or have more children, potentially dramatically changing their monthly expenses, they usually cannot get their child support payments lowered due to financial changes directly related to their new marriage or children. 

The focus will almost always be on the individual financial circumstances of the noncustodial and custodial parents, not on other members of their family or people living with them. 

Modifying child support in Florida

A child support order can be modified, but not arbitrarily so. Either parent can request that the Child Support Program review their support order. They (and, later, the other parent) will then provide financial and other relevant information for that review. As noted earlier, the Child Support Program officials will specifically look for substantial, permanent, and involuntary changes to a person’s circumstances as well as anything else relevant to the order. 

If a parent wants an order modified, they should be prepared to present evidence that a substantial, permanent, and involuntary change occurred relevant to the order. Emotion-based arguments will not generally help get the order changed, even if you strongly believe the order is unfair as it is. 

To get an order reviewed, it generally should not have been reviewed or changed within the last three years. Your order also must not end within six months of your requested review. That said, certain significant changes, such as a child developing a disability, could override these usual limitations. If you are uncertain if you qualify for review, reach out to the court with any specific questions regarding your order.

FAQ about child support in Florida

Can the court system consider a new spouse’s income?

As touched on earlier, remarriage isn’t typically considered when calculating how much child support might be appropriate. The logic of this ruling is that a child’s parents, and nobody else, are responsible for supporting the child. 

What happens if a parent voluntarily quits their job?

One of the factors generally required to prompt a child support recalculation is whether there was an involuntary change in life circumstances. But what if a child support payor voluntarily quits their job, takes a lower-paying job, or becomes incarcerated due to committing a crime? 

In these situations, Florida courts are unlikely to view the changes in financial circumstances as valid for the recalculation of child support.

What factors can change child support payments?

Certain factors can impact child support payment requirements. The affecting changes in circumstances must generally be “substantial, permanent, and involuntary,” according to the Florida Department of Revenue.

These factors include undergoing a severe, life-changing injury or retiring at the normal age of retirement. Involuntarily losing one’s job might also count, if the individual doesn’t expect to find new employment. As a general rule, the change must have lasted for more than a year, and its consideration would need to alter a support order amount by at least 10% to 15% in order to be considered. 

How much time a child spends with a parent should also be considered in support calculations. If a child spends 20% or more of their overnights with a parent who is ordered to pay, this should be factored in when it’s decided how much that individual should pay.

Final note

Florida law tends to focus on what is legally considered in the best interest of a child when it comes to child support payments. The court usually won't approve a change to the original support payments unless it meets the requirements such as those we’ve discussed. But, as we’ve discussed, some circumstances could allow for atypical changes.

References