How Remarriage Impacts Child Custody Arrangements and Child Support

It's not uncommon for divorced spouses to remarry after they have parted ways. If you share children with your former spouse, you might be wondering how remarriage impacts child custody and support. Remarriage does not automatically change a child custody order that is in place — but if there is a “material change in circumstances” that could impact the child's well-being, a modification may be necessary. Similarly, remarriage alone is not grounds to modify a child support arrangement, the financial effects of it may warrant an adjustment.

How Remarriage Impacts Child Custody

In Maryland, courts consider the best interests of a child first and foremost when deciding custody matters. Although a parent’s remarriage does not affect their custody rights, if there are certain factors that would adversely impact a child's welfare, a judge may determine that custody should be modified. For instance, if your new spouse has committed acts of domestic violence, is abusive towards you or the children, or has a substance abuse issue, the court may alter the existing child custody or visitation arrangement. Other changes, such as a move of the principal residence, which sometimes accompanies a remarriage can also be significant.

To modify a child custody agreement or court order upon the remarriage of the custodial parent, there must be a “material change in circumstances” that impacts the child’s welfare. Under Maryland law, a “material change in circumstances” is a significant change in the situation of the parents or child that affects the child’s best interests — and justifies a court review of an existing custody order. This is the first level inquiry; without a sufficient material change in circumstances, no modification will occur. If a sufficient material change in circumstances is found by the court to exist, it proceeds to the next level inquiry - what custodial arrangement is in the child(ren)’s best interest.

Some factors a court may consider when deciding whether a sufficient material change in circumstances exists so that the custody arrangement should be altered after a parent remarries can include the following:

• The new spouse’s relationship with the child
• How the child's emotional development is affected by the new family dynamic
• Whether the child's emotional and physical needs are being met
• Whether the new spouse poses a danger to the child
• The child's new living environment
• The child's bond with each parent
• The child's preferences (if they are old enough)

In addition, relocation can result in the court reevaluating a custody arrangement. For example, some parents might move to a different town or state when they remarry. In these cases, a judge would consider the effects of relocation on the child and whether it is in their best interests.

Every child custody modification case involves a unique set of circumstances. If the way in which the non-custodial parent’s remarriage impacts child custody is positive, a modification may also be appropriate. Often, a parent's remarriage is beneficial to the children and can provide them with increased stability and more emotional support. Not only might they form a lasting bond with their stepparent, but they may also develop strong relationships with their stepsiblings.

How Remarriage Impacts Child Support for the Paying Parent

Although remarriage impacts child custody in several ways, it typically does not change child support obligations. However, it’s important to understand that remarriage can give rise to a change in financial circumstances that might warrant a modification to an existing support order. A new spouse’s earnings generally may not be considered for child support purposes. An exception may exist if the new spouse directly pays for the parent’s expenses and the parent’s income reduces to an extent that it would affect the child support amount. Depending on the numbers, if the paying parent has fewer financial responsibilities because of the new spouse’s contributions, the court might determine that they have more money available to pay child support and award a modification - or deny one requested by the newly married spouse based on lower income.

In addition, if a paying parent remarries and has more children in the new marriage, a judge might consider this to be a material change in circumstances. This situation might justify reducing the parent’s support payments to the first child so that they can provide for the additional children.

How Remarriage Impacts Child Support for the Custodial Parent

A custodial parent’s new spouse has no financial obligation toward a child who is not biologically theirs — unless they legally adopt the child, which would require the non-custodial biological parent to relinquish their parental rights and responsibilities. Accordingly, if a custodial parent remarries, the new spouse’s earnings are not counted toward the custodial parent’s financial resources. Regardless of the new spouse’s income, the non-custodial parent’s obligation to pay is typically not reduced or eliminated.

Contact an Experienced Maryland Child Custody Attorney

If you are wondering how remarriage impacts child custody and support in your case, a skillful family law attorney can advise you and assess whether a modification is warranted in your case. At Strickler, Platnik & Hatfield, we are dedicated to helping our clients find solutions that work for their families — and are in the best interests of their children. To learn more about modifying child custody and support in Maryland, Virginia, or D.C., contact Strickler, Platnick & Hatfield to schedule a consultation.