Does Remarriage Affect Child Support?
Every now and then, our Greenville child support lawyers meet with a client who wants to have their child support reduced. This, in itself, is not unusual. What is unusual about these meetings is that the reason our clients wants a reduction is because their ex has gotten remarried and there is more income coming into their home than before. Here, we will discuss whether this kind of change warrants a reduction in child support.
Child Support is Determined Primarily by Income and Child Custody
As will be discussed in more detail below, the two main factors in determining child support in South Carolina are income and custody. The courts figure out how much child support a parent must pay by plugging certain information into the child support guidelines’ software program. The two pieces of information that impact child support are both parents’ incomes. Usually, as a rule, whichever parent makes more money will have to pay child support. However, child support also depends on child custody. If the two parents share equal physical custody, then support will be determined almost exclusively by income. If, however, one parent has the kids a lot more than the other, there is a good chance they’ll be entitled to child support.
Whichever Parent Has Primary Custody is Typically Entitled to Child Support
When you and your ex got divorced, you will have included child custody in your marital settlement agreement. One parent typically has primary custody. This means that they have the children most of the time and the other parent has visitation. One of the more common custody arrangements our Greenville child support lawyers see if when one parent has the children during the week and the other parent has them every other weekend. If this is the case, it means that you’ll have the kids an average of eight nights a month. Your ex will have the children the other twenty-two days. Since they have the children almost three times as much as you, they would more than likely be entitled to child support. The only way you can have support lowered is if you can prove that one of the two determining factors (income and custody) have changed.
Your Greenville Child Support Lawyers Will Have to Prove a Significant Change in Circumstances
In order for your Greenville child support lawyers to get your child support reduced, they need to demonstrate that there has been a significant change in circumstances. It isn’t enough to show that you are making less money. Nor is it enough to show that you have your children more often than you used to. You will have to show that one of these factors has changed substantially. Or you can prove that one of these factors have changed for the other parent. Your Greenville child support lawyers will also have to demonstrate that these changes are permanent or will last for at least six months to a year.
Your Ex’ New Spouse’s Income Will Not be Included for Child Support Purposes
When our clients tell us that the reason they want their child support reduced is because their ex has remarried, we must take a step back. We must consider whether they are looking to punish their ex, or if they truly believe they are entitled to a reduction in child support. We also have to explain to them that their ex’ new spouse has nothing to do with child support. Their income is not included in the child support guidelines. This means that the only way your Greenville child support lawyers can get your support reduced is if something else has changed.
Can Your Greenville Child Support Lawyers Show Some Other Change in Circumstances?
As explained here, the judge isn’t going to grant your motion just because your ex has gotten married. Their new spouse is not legally required to pay any child support toward the raising of your children. This means that the courts aren’t going to reduce your child support simply because your ex is remarried. Even if they marry a multi-millionaire, that doesn’t change child support. When the courts determine how much support you’ll be ordered to pay, they don’t use their discretion. All they do is plug the information you provide into the South Carolina child support guidelines and see what the program spits out.
For example, the child support guidelines require the court clerk to enter the income of both parents into the software program. It will also ask for the number of nights each parent has custody of their children. With the exception of a few deductions for things like insurance and daycare, these are the only two things that matter. Therefore, in order to have your child support reduced, your child support attorney in Greenville must show that either one of the parents’ incomes has changed, or that the custody arrangement has changed.
Your Greenville Child Support Lawyer Will Tell You if a Motion is a Waste of Time
One of the things a seasoned Greenville child support lawyer prides themselves on is their honesty. If one of our attorneys meet with a client who wants to file a motion, we will review it objectively. If we believe they have a good chance of winning their motion, we will more than likely be willing to represent them in court. If, however, it doesn’t appear that their motion has a chance of being successful, we let them know. When it comes to things like child support and child custody, the courts do not like to change existing orders. For example, if there is an existing child support order, the judges tend to respect that order. In fact, many times, the same judge who issued the prior order is the one hearing your motion. Unless you can show that there has been a significant change in circumstances, they aren’t going to grant your motion.
Our child support attorneys in Greenville have enough experience to know when a motion has a chance of being granted. We also know when a motion has little to no chance of being granted. This is why we are upfront and honest about a potential client’s chances. Either way, it’s a good idea to at least talk to a Greenville child support lawyer before you make any final decisions.
