If my ex-spouse remarries and has a child with the new spouse, will this affect the amount of child support that he or she will pay for our children?
Generally, the answer is no. If an ex-spouse who is paying child support has another child with his or her new spouse, the amount of child support being paid should not be affected. Child support in North Carolina is based on the combined income of the respective parties, the number of overnights spent with each parent, expenses for any special needs of the child, and any pre-existing child support obligations.
The only recourse for a spouse who wants to lower his or her child support obligation for a child from his or her first marriage would be through a motion to the court to deviate from the child support guidelines. In order to deviate from the guidelines the spouse would have to show that the current child support obligation was unfairly burdensome or unjust in some way.
Are stepparents ever required to pay child support for their spouse’s child or children?
Step-parents may be responsible to pay child support for children that are not of their marriage, but the requirement to pay is dependent on the facts of the case.
In the presence of a signed and notarized agreement to pay support, that contract will be enforceable. See Moyer v. Moyer 122 N.C. App. 723 (1996). If the stepparent takes the child into their home in such that he or she places him or herself ‘in loco parentis’ to the child, then the stepparent assumes an obligation that continues so long as the relationship lasts, even without adoption. This doesn’t require the stepparent to continue the support after a divorce, though, without a formalized agreement.
Contributions of a third party may be used to support a deviation from the North Carolina Child Support Guidelines. This generally places a higher burden on the payee to prove the actual expenses as well as how much contribution is being made by the step-parent, but it is feasible. However, generally, a stepparent is not under an obligation to provide support for a minor child from a spouse’s previous marriage. Barker v. High 77 N.C. App. 227 (1985)
Generally, the answer is no. If an ex-spouse who is paying child support has another child with his or her new spouse, the amount of child support being paid should not be affected. Child support in North Carolina is based on the combined income of the respective parties, the number of overnights spent with each parent, expenses for any special needs of the child, and any pre-existing child support obligations.
The only recourse for a spouse who wants to lower his or her child support obligation for a child from his or her first marriage would be through a motion to the court to deviate from the child support guidelines. In order to deviate from the guidelines the spouse would have to show that the current child support obligation was unfairly burdensome or unjust in some way.
Are stepparents ever required to pay child support for their spouse’s child or children?
Step-parents may be responsible to pay child support for children that are not of their marriage, but the requirement to pay is dependent on the facts of the case.
In the presence of a signed and notarized agreement to pay support, that contract will be enforceable. See Moyer v. Moyer 122 N.C. App. 723 (1996). If the stepparent takes the child into their home in such that he or she places him or herself ‘in loco parentis’ to the child, then the stepparent assumes an obligation that continues so long as the relationship lasts, even without adoption. This doesn’t require the stepparent to continue the support after a divorce, though, without a formalized agreement.
Contributions of a third party may be used to support a deviation from the North Carolina Child Support Guidelines. This generally places a higher burden on the payee to prove the actual expenses as well as how much contribution is being made by the step-parent, but it is feasible. However, generally, a stepparent is not under an obligation to provide support for a minor child from a spouse’s previous marriage. Barker v. High 77 N.C. App. 227 (1985)
