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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-30-2012, 08:08 AM
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Default Material change of circumstances

Two questions:

a) Is remarriage a material change in circumstances?
b) If not, if there is a clause in a separation agreement that states that remarriage is a material change, would it in fact then become a material change?
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Old 11-30-2012, 08:38 AM
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Originally Posted by Knave View Post
Two questions:

a) Is remarriage a material change in circumstances?
The marriage itself is not a material change in circumstance. Who someone is married to is immaterial genreally. You can't generally get more child support, spousal support and it would be very hard to get custody and access of children (primary care) just because one of the parents got married.

If the marriage causes the parent to move then that it material. The change has to be material and impact the children in some way. (If a custody and access question.)

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Originally Posted by Knave View Post
b) If not, if there is a clause in a separation agreement that states that remarriage is a material change, would it in fact then become a material change?
For a person recieving spousal support who has a new "spouse" to support them. Yes, this would be a material change and the spousal support payment to the person getting married.

The argument being that it is "spousal support" and if you get married you have a new "spouse" to support you. Your ex-partner/husband/wife is no longer your "spouse"... This new person is and should be supporting you if required.

Good Luck!
Tayken
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