As a biological parent of a child, you have an obligation to financially support that child until he or she reaches the age of 18 or older, unless a court order effectively terminates that obligation such as in the case of an adoption. Thus, in most divorce cases involving children, one parent will be required to pay child support to the other on behalf of the child, even if there is joint custody. This is done in order to equitably distribute the costs of financially supporting the child between the parents based on a variety of factors such as time spent with the child and income. This is also the case where the parents were never married in the first place; even if the parents only met once, both biological parents are required to support that child until he or she reaches the age of majority. But what about a situation in which one parent gets remarried?
Your Child Support Obligations Continue Past Remarriage
If the other parent gets remarried, the new spouse does not automatically assume the obligations of financially caring for that child. Of course, in many cases, a new stepparent will formally or informally assume at least a partial role in providing for the child, perhaps in the form of providing housing or paying for expenses such as medical care, education, and food. But, even when this is the case, the biological parent will be expected to continue to pay child support as before the remarriage.
Note that this is different than how spousal support works in many cases, which will generally cease upon the receiving party’s remarriage. In a sense, the law views a remarriage as another person’s assumption of the responsibility to provide for a spouse you once provided for, but not for the needs of your biological child.
Courts Will Consider a Stepparent’s Presence in Some Circumstances
That said, in limited circumstances, a California court can consider the remarriage of a spouse having custody of a child in determining whether a modification of a child support award is justified. If, for example, you as a payer of child support lack the financial means to provide for the child but the receiving spouse is now married to a person with ample means to support the child, a court can consider these factors in deciding to modify the child support award downward.
Only a court can modify a child support award, however, and you may not do so on your own accord. If you believe there is a substantial change in circumstances justifying the modification of a child support award, you should speak with an experienced family law attorney who can assess your likelihood of success and guide you through the process of obtaining the modification in child support.
When the Stepparent Adopts Your Child
One way in which your child support obligations will be terminated is if the new spouse of the other biological parent successfully adopts your biological child through a stepparent adoption. Through this process, that person becomes the legal parent of your child and your parental rights are terminated, which includes the obligation to pay child support as that parent will now have that legal obligation.
Termination of your parental rights, however, means you will have no custodial rights to the child and cannot seek court-ordered visitation, and so you should fully assess whether that is an outcome you desire. In a stepparent adoption, you can voluntarily give up your parental rights, or you may present arguments why doing so would not be in the best interests of the child. Ultimately, the court will make the determination of whether to terminate your parental rights. Again, speaking with a family law attorney regarding the termination of your parental rights can provide you with a full picture of your options and potential outcomes.
For any questions on family law in California, including all child support matters, contact the Law Office of Kelley Finan today to schedule a consultation to discuss your circumstances.