Legal Question in Family Law in Georgia

Read your court order. What does it say?

Generally no to both questions.

No. The new spouse of your husband/wife is not the one obligated to provide support for your children. You and your ex are. If you remarry, no unless there are other circumstances which change the prior order. If you really want an answer, I suggest you take your paperwork to an attorney and have him/her review what you consider a possible change of circumstances.

The child support worksheets used to calculate child support are based on the income of the parents, so the income of new spouses in and of itself do not result in a change in circumstances warranting a change in child support. However, there are many factors in determining the amount of support, such as cost of insurance, which can and will change over time, and a new spouse who carries insurance for a step child may come with a different cost. Additionally, a parent may marry and decide to quit their job, which can change all of the figures as well. I find that income changes are frequent, especially in the last few years, and the best thing to do is to get figures for both parents and sit down with a divorce attorney to see what the worksheets say child support should be now. That way you can make a determination as to whether there is any benefit or downside to attempting a modification.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.