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How Remarriage Impacts Your Long Island Divorce Settlement

by | Mar 6, 2018 | child custody and support, divorce lawyer long island ny, Family Law Attorney, Family Law Lawyer, News and Events, spousal support

Many clients come to our Long Island Divorce Law firm after their divorce with questions about the impact of a remarriage on the terms of their divorce. There are many people out there who, after obtaining their Long Island Divorce, have found themselves in a new relationship and wish to remarry. Often, this new dynamic results in many questions from those who have been previously divorced. While your remarriage will certainly change some aspects of your divorce, others will remain the same. Below are two of the most pressing topics regarding your divorce and a subsequent remarriage.

 

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Will Child Support Change?

Generally, remarriage will have no effect on child support. While some try to argue that, if an ex-spouse remarries someone wealthier, they can increase their child support, this is usually not persuasive to the court. Rather, it looks to the income of only the legal parents, and not step-parents, when considering child support obligations. The remarriage to a wealthier spouse will not affect your own income, or that of your ex-spouse. Therefore, a remarriage will generally not lessen the child support obligation. Again, the courts will determine child support based off the parent’s income, and remarriage will usually not affect that joint parental income.

Sometimes, things will get trickier when there is a child born of the remarriage. Currently, the case law is still developing, but as a trend, it seems that courts are considering the birth of new children if a petition for modification is before it. However, it is important to remember that such a birth will only be a factor considered by the court, who maintain discretion in determine child support obligations, and thus, there is no way to predict with certainty what the court will do given the above facts.

Will Spousal Maintenance (aka Alimony) Change?

For other clients, their main concern is whether remarriage will influence maintenance, or spousal support, obligations. The frustrating answer is, of course, it depends. For a more concrete answer, it is important that your attorney has your Stipulation of Settlement and/or Final Judgment of Divorce in front of them for ready reference. It’s within these documents that the answer to the maintenance question lies.

Typically, if a payee spouse (the spouse receiving the support payments) is the one to get remarried, the obligation of the payor spouse (the spouse making the support payments) will terminate upon that remarriage. As standard practice, many attorneys contain this language in the Stipulation of Settlement they draft for their clients. However, this may not be the case in all situations, and therefore it’s crucial that your current attorney be allowed to review these documents.

Alternatively, if you are responsible for making maintenance payments to your ex-spouse and you (the payor spouse) are the one getting remarried, chances are you will still be responsible for those support payments. What this means is that after your remarriage, unless it is to the payee spouse, your maintenance payments will have to continue. Again, your Stipulation of Settlement may say something different, but, on the whole, the previously mentioned situation is typical.

Have Questions? Contact Our Long Island Divorce Law Firm

Because each case sets forth its own set of circumstances, each divorce is different. This leads to different Stipulations of Settlement and Final Judgments of Divorce. With all the different possibilities, it is very important that you seek the advice of an experienced Long Island Divorce Attorney. If you find yourself contemplating remarriage and wish to understand how it will impact your divorce, we can help. Contact our Long Island Divorce & Family Law firm at 631-629-2545 to set up your free consultation.

 

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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly

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  • I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
  • I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!

 

 

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