Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent remarries? Is the new spouse responsible for child support? Will the new spouse’s income be considered in modifying the child support amount?
Florida Statutes: Chapter 61 establishes the evaluation for those who are seeking to modify child support amounts. The statute reflects that modifications are considered if, for instance, they are in the best interests of the child, the child reaches majority, there is a substantial change in the circumstances of the parties, the minor child, or the child who is dependent in fact, or the child is emancipated, joins the armed services, or dies.
So is a new spouse a “substantial change in circumstances?” The short answer: no. Your new spouse’s income cannot be considered or sought after for purposes of a child support award. Similarly, the fact that a new spouse assists in paying shared bills is also not able to be utilized against you for an increased obligation.
While the Court is able to consider other factors in evaluating a modification, it is important to have educated and well-versed counsel to guide you. The Rice Law Firm has handled many child support determinations and modification proceedings since 1986. Contact us today at our Daytona Beach location at 386-310-2914.
