Navigating remarriage and spousal support in Ohio can come with many challenges, especially if you don’t know what to expect. It is important to understand how remarriage affects support plans, whether that be spousal support or child support.
Are you worried about how remarriage will impact child support or alimony? If so, check out this article, where we will be discussing child support and alimony after remarriage in Ohio and what your options are.
Impact of Remarriage on Spousal Support
Remarriage and spousal support in Ohio can go several ways depending on the particular situation. For example, if the spouse who remarries is the spouse receiving spousal support, support is usually automatically terminated. This is because their financial needs will have changed, and they are no longer reliant on their ex-spouse’s support.
On the other hand, if the spouse paying spousal support remarries, their spousal support duties do not automatically change. This is because their remarriage does not have any impact on the spouse receiving alimony, so their responsibility stays the same. However, the paying spouse has the option of filing for modification if they can prove that their financial situation has changed significantly.
Another thing to keep in mind is that spousal support may be adjusted if one of the spouses starts to cohabitate with a new partner. If this is the case, the paying spouse may petition the court to modify or completely eliminate alimony since the receiving spouse’s financial situation has most likely changed.
Impact of Remarriage on Child Support
Like remarriage and spousal support in Ohio, you may be wondering if remarriage also impacts child support obligations. Generally speaking, remarriage will not change the child support plan that has already been put in place by the Ohio court. But there are situations where this may not always be the case.
For example, if the receiving spouse remarries, the paying spouse may be able to petition the courts to reevaluate the child support order. This may be possible if the receiving spouse’s financial situation has changed significantly, which could result in the paying spouse’s obligation being lowered.
Also, remarriage may give the paying spouse the opportunity to request changes to the child support order if their financial situation has changed after remarriage. Keep in mind that the income of the new stepparent is not usually considered when it comes to child support.
When Can You Modify Support Based on Remarriage?
Depending on your particular situation, you may be able to request that the court modify either child support or spousal support due to remarriage. This is an opportunity granted to both paying spouses and receiving spouses, no matter who remarries.
However, you must understand that support payments can only be modified in very specific instances. After all, support plans have been carefully formulated for the best interests of everyone involved, so there must be a good reason to modify them.
The main basis for requesting a modification is that you must be able to prove that there is a significant change in income or financial situation. For example, you may have more family members to support, you may have become disabled, or you may have lost your job. Other examples of when this may be considered are if custody arrangements have changed or the child’s or spouse’s needs have changed.
How to Request a Modification?
According to Ohio law, The Child Support Enforcement Agency will usually oversee all reviews and adjustments to child support orders. If both of the parents agree on the modification, this is a very straightforward process that doesn’t involve the court. But it could easily become quite time-consuming and require a court appearance if the parents do not agree.
When it comes to spousal support modifications, you must file a motion with the court and attend a hearing with your ex-spouse. The judge will hear from both spouses and make a decision on whether or not modifications are granted.
Whether you are the receiving or paying spouse, it is important that you hire an Ohio divorce lawyer before requesting any type of modification. Petitioning for support modifications can be complex, and there is certain evidence you will need to provide to meet the eligibility requirements. So, for the best chance of having your request accepted, it is essential to have an experienced attorney on your side.
FAQ Section
Does remarriage end my spousal support automatically?
Not necessarily. This may be the case if you are the spouse receiving spousal support and later get remarried. But if you are the spouse paying spousal support, you will usually have to request a modification if you want to end your support obligations.
Will child support go up if my ex remarries someone wealthy?
The Ohio court doesn’t usually change child support based on the financial situation of the new stepparent. Rather, the court may decide to modify a child support order if there is a substantial change in financial circumstances, such as reduced living expenses after a spouse remarries.
Can I include remarriage clauses in my divorce agreement?
You can, but this isn’t generally recommended. After all, if your ex-spouse remarries, your alimony obligations are automatically terminated, so there isn’t much need to have a remarriage clause in your divorce agreement.
Can I stop paying alimony if my ex is cohabiting?
When you get a divorce, you can include in your divorce decree that all alimony responsibilities will end when your ex-spouse starts to cohabitate with another person. However, if that isn’t included in your divorce decree, you can always petition that your alimony responsibilities be terminated due to changes in financial circumstances.
Hire a Family Law Attorney in Ohio
You may be interested in support modification in Ohio if you plan on getting remarried and need your spousal support or child support plan updated. Richard P. Arthur, Attorney at Law, has extensive experience handling family law cases across Ohio and can help you understand how your remarriage impacts your support responsibilities. To proceed with your family law case, contact us today at 937-254-3738 for a free consultation.