A new marriage alone is not enough to modify a child support order. However, a remarriage will often lead to circumstances that a court may consider upon the filing of a suit for Modification. One of those circumstances is the birth of a new child. A new child could result in an income deduction, which could in turn modify where you fall within the guidelines. However, though the court will likely consider the financial needs of the new child, it will not modify in a way that harms the child receiving support. Another factor that could change after a remarriage is income and employment opportunities. The Texas Family Code does not allow courts to consider a new spouse’s income when calculating child support. Texas courts have extended this to disallow courts from considering that a new spouse’s income could offset living expenses and therefore leave more of your income for child support. However, if your new spouse earns enough to support the family and you decide not to work or just work part time, the court may consider you intentionally unemployed or underemployed and base your child support on earning potential rather than income. This could involve the court looking more closely at your new spouse’s finances in determining exactly what you will pay.
If you believe the circumstances surrounding your child support order have changed and may warrant modification, you need a highly experienced divorce litigation attorney who will zealously fight for your rights. Contact Kirker│Davis LLP to schedule a meeting with a divorce litigation attorney today.