Life writes different scenarios; parents don't always stay married; they often divorce or never get married at all. Child support and a new marriage – this issue often causes some confusion and uncertainty in practice. Many parents then secure their children's well-being by filing legal action to obtain court-ordered child support (unless the parents are able to reach an agreement and resolve the child support issues on their own). I discuss this issue on my blog.
***
CHILD SUPPORT AND THE MARRIAGE OF ONE OF THE PARENTS
In such a case, the lack of legal awareness suggests various ideas, not necessarily consistent with the letter of the law.
It is important to remember that Child support is for the child, not the parentIf a parent who is not obligated to pay child support marries, the situation generally does not change much; the child should still receive child support from the parent who is obligated to do so.
A new life partner is not obligated to support a child from their partner's or spouse's previous relationship. This obligation rests with the child's parents (the situation is different when a spouse adopts their spouse's child from a previous relationship).
It is shaped slightly differently the situation of the spouse obliged to pay alimony, if the spouse marries and starts a new family. It may then turn out that additional children will be needed, and there is an obligation within marriage to contribute to meeting the family's needs. Therefore, child support payments from a previous relationship may be reduced due to the increased number of children to support.
None of the situations described above terminates the obligation to pay child support. In practice, a parent may believe they no longer have to pay child support if the other parent marries, but this is erroneous thinking and carries legal consequences.
Alimony for a former spouse
Alimony only ceases in the following case – when it is alimony due from one former spouse to the other former spouse.
Spouse entitled to alimony from the former spouse loses this alimony if he or she remarries. This occurs by operation of law; there is no possibility of restoring this alimony.
***
As part of my law firm's activities, I represent clients in family matters, including those related to child support. If you need legal assistance, please contact me. contact:
- phone: 606 892 386
- e-mail: biuro@mlampart-kancelaria.pl
#alimony #familylaw #familymatters #legaladvisor
Photo by Mathieu Stern on Unsplash
