Moving on after
divorce can occasionally result in remarriage. However, a new marriage may have
an impact on your current divorce order, especially regarding
child support payments.
How Remarriage Affects Alimony in Massachusetts
If a supported spouse (i.e. the spouse who receives alimony payments) remarries,
general term and rehabilitative alimony automatically end. On the other
hand, the two types of alimony—reimbursement and transitional alimony—do
not end. Additionally, alimony may continue of the supported spouse has
a disabled or suffering from extreme poverty.
If a paying spouse remarries, his/her obligation to pay alimony to the
supported spouse does not end. However, any additional household expenses
related to remarriage, or even the new spouse’s income, may be taken
into consideration by the state courts in deciding if a modification is required.
How Remarriage Affects Child Support in Massachusetts
Although remarriage doesn’t end a parent’s obligation to pay
child support, it may still have an impact. For example, if a paying parent
remarries a wealthy spouse, it is possible his/her child support obligation
will increase since the new spouse’s additional income enabled him/her
to pay more support.
On the other hand, if a parent who has primary custody of a child remarries
and noncustodial parent’s income has increased, the former cannot
request additional support from the paying parent because his/her financial
circumstances improved as a result of remarriage.
Alas, either parent can file a request to modify child support if there
has been a significant change in circumstances. State courts often allow
modification if the current order is at least three years old, a parent
cannot provide health care coverage for the child, or there has been another
material change in circumstances, such as getting fired or suffering a
If you are interested in modifying a current alimony or child support order
Framingham family law attorneys at
Barach Law Group LLC today.