One question we encounter frequently is whether remarriage affects child support. In most Family Law matters, the answer to such questions is usually “it depends,” because there is little “black and white” in the Texas Family Code. However, in this one area, there’s not a lot of gray.
Simply put, whether you’re receiving or paying child support, your or your ex-spouse’s remarriage should not make any difference in the amount of support you pay or receive. In Texas, unless the Court orders child support in excess of the statutory guidelines, child support payments are most often determined by a formula provided by the Legislature and Supreme Court.
Unlike some other states, Texas does not consider the household income of the parent receiving support. In most cases, only the income of the paying parent is considered when setting the amount of child support. If the paying parent gets remarried, the income of the new spouse is not considered. Likewise, if the receiving parent gets remarried, it should not lead to a change in the amount of support, no matter what the income (or lack thereof) may be of the new spouse.
There are many issues to consider when deciding whether to remarry-and they should all be considered seriously-whether it will affect your child support doesn’t need to be one of them.