a re-marriage question...

[thefunone]

I have tried to find some threads on this subject but have been unable to do so...my question is quite basic..at least I think it is...
If...I...as the payor of SS and CS...co-habitate or re-marry - and my new partner/spouse had substantial wealth/income....does that constitute a material change and would I then be required to provide more SS and CS to my EX?...My salary would not have changed during this time...

I ask because from what I am reading - if my EX re-marries - it 'may' constitute a material change...although that seems to be on a case by case basis..

[HammerDad]

You spouse's income has zero bearing on your c/s or s/s obligations.

Should you ex remarry, the only bearing it MAY have effect on is whether or not the wording of your order/agreement provides that in the event she does remarry, your obligation to pay s/s would be eliminated. If it doesn't have the wording, you'd have to file a motion in court to have s/s stopped (if she remarries).

If she marries it has ZERO impact on child support (same as you).

[thefunone]

Thanks Hammer - and I upfront apologize for maybe misreading your response...but my question was:
...if I... re-marry and MY new spouse has a successful job...or brings into our marriage significant financial assets...can I be expected to provide MY EX with more SS and CS given the change in MY financial position.

[HammerDad]

Originally Posted by thefunone

Thanks Hammer - and I upfront apologize for maybe misreading your response...but my question was:
...if I... re-marry and MY new spouse has a successful job...or brings into our marriage significant financial assets...can I be expected to provide MY EX with more SS and CS given the change in MY financial position.

Simple answer - no.

You spouses income is irrelevent for determining c/s and s/s. The ONLY time your spouses income is ever drawn into the equation is if YOU should try to claim undue hardship to have s/s and c/s reduced.

[thefunone]

Thanks - appreciate it....

[Tayken]

Originally Posted by HammerDad

Simple answer - no.

You spouses income is irrelevent for determining c/s and s/s. The ONLY time your spouses income is ever drawn into the equation is if YOU should try to claim undue hardship to have s/s and c/s reduced.

100% correct. Furthermore, undue hardship is incredibly difficult argument and often costs 3x to 5x the effort (in legals) to fight out in court. Unless your ex partner is in the millions it is a waste of time.

So many litigants are penny wise pound foolish in litigation it is sad. They all go on the assumption that they are right and will be awarded costs and the legal fees they are incurring are of no concern.

Family Law is a huge awakening for the "penny wise pound foolish". Mind the pounds, don't fret over the pennies.

Good Luck!
Tayken