Divorce, Remarriage, and Child Support in Utah

If you are divorced and paying or receiving child support, you may wonder whether remarriage will affect the amount of the obligation. As a general rule, the decision to remarry will have little or no impact on support payments in Utah. The settlement agreement you entered into with your spouse during divorce would govern how much support is paid — and the order entered by the court must be obeyed, regardless of remarriage. But there are several exceptions to be aware of when it comes to child support and remarriage after divorce.

What is Child Support in Utah?

Child support is payment made by the non-custodial parent to the custodial parent to help cover the costs of their child’s basic living expenses. Both biological parents have a legal obligation to financially support their child, regardless of marital status. The amount of child support in Utah is determined by specific guidelines, which take each parent’s income and the number of overnights they spend with the child into consideration.

The following income sources would evaluated when determining the amount of child support:

• Any earned income, including wages, salaries, bonuses, and commissions
• Investments
• Income earned from rents, accrued interest, capital gains
• Alimony from other marriages
• Social Security benefits, unemployment, Workers’ Compensation, and disability

A child support obligation continues until the child reaches the age of 18 or graduates high school, whichever comes later.

Does Remarriage Impact Child Support?

Remarriage can change a lot about your life — you may move to a different home and new family dynamics may need to be navigated. However, remarriage after divorce does not typically impact child support in Utah. Whether you or your former spouse is married to someone else, the child support obligations would remain the same.

Nevertheless, the facts of every case are unique. There may be certain exceptions where remarriage might significantly affect a parent’s financial circumstances. If the new spouse provides funds to a parent in a way that they would be deemed unearned income, the support obligation could change.

Does a New Spouse’s Income Count Toward Child Support?

If you are the custodial parent, remarriage after divorce will likely have no impact on the non-custodial parent’s support obligation. Unless your new spouse legally adopts your child (which would require the biological parent to relinquish their parental rights), they have no legal obligation to financially support them. Absent adoption, a court does not have the authority to compel a stepparent to assume financial responsibility for a stepchild.

In the event you are the spouse paying child support, there are limited situations where remarriage may influence how child support is calculated. Although a new spouse’s income does not count directly toward child support, remarriage can sometimes increase your disposable income. For instance, if your new spouse assumes responsibility for the groceries, bills, and household expenses, you would have more of your own financial resources freed up to make support payments to your children from a previous relationship.

Can Child Support Be Modified if a Spouse Remarries?

A child support order may be modified if there has been a “substantial change in circumstances.” While remarriage alone does not constitute a substantial change in circumstances, an increase in wealth due to remarriage may be considered by the court. A judge would evaluate the overall picture when deciding whether a modification would be appropriate. If a parent has more funds available to them because a new spouse regularly transfers assets to them, it may be considered a source of unearned income that is counted for child support purposes.

Seeking a child support modification in connection with remarriage after divorce can be challenging. It’s best to discuss the specific facts of your case with a knowledgeable divorce and family law attorney who can best advise you regarding your rights and options.

Does Child Support Always Need to Be Decided in Court?

Child support matters do not always need to be decided in court. Mediation can be a useful alternative dispute resolution method to help parents reach agreements regarding child support amicably, cost-effectively, and efficiently. It can also help facilitate healthy communication to ensure your child’s best interests are met. If you and your spouse reach an agreement concerning child support in connection with remarriage after divorce, any out-of-court settlement you enter into can be submitted to a judge to become a binding order.

Contact an Experienced Utah Divorce and Family Law Attorney

Remarriage after divorce can sometimes make child support more complicated. If you think your situation may warrant a modification, it’s essential to have a family law attorney who can help you navigate the legal process. Based in Salt Lake City, BartonWood offers trusted representation to clients for a wide variety of divorce and family law issues, including those involving child support matters.