When a spouse files for divorce with the help of St. Charles lawyers, it is common in Missouri as well as many other states for the court to mandate that one spouse pay alimony, child support, or both. Many individuals however, wonder what happens if the spouse receiving the aid remarries. Here is a short overview of how the laws in Missouri relate to remarried spouses receiving alimony.
St. Charles Lawyers – Alimony Law
If a spouse is receiving support in the form of alimony or child support in the state of Missouri and remarries, alimony payments end automatically. There are exceptions to this rule however. If the divorce decree specifies that payments continue even after remarriage, or the alimony is a lump sum that needs to be paid in full, this may cause payments to continue even after remarriage.
If a spouse that is being supported with alimony cohabitates, which is simply the legal terminology for moving in with another romantic partner. The spouse paying alimony can discuss with his or her St. Charles lawyers to ask the court to terminate alimony. However, it is usually required that cohabitation be proven before payments stop.
If the spouse that is making the payments remarries, they must continue to pay alimony regardless of their expenses. Their obligation will remain the same, unless the paying spouse can prove that they are experiencing a drastic change in their financial situation.
Remarriage and Child Support
Child support is slightly different than that of alimony. The remarriage of a parent will not have an effect on the payments. Both parents have a job when it comes to the financial support of their child. Even if one of them remarries.
One of the only major factors affecting child support is the financial standing of each parent. The judge will consider each parents financial situation when making decisions on child support. An example of this would be if a spouse remarries, and their new husband or wife is now taking care of their home expenses. This would indicate they have more income to pay towards child support, and a judge may increase the amount they are obligated to pay to reflect that.
To modify child support, one of the parents must be able to prove a significant change in their financial situation. An important thing to note is that courts in Missouri will not consider a new spouse’s income when modifying child support. A stepparent’s income however, can increase the child support payment for a parent, if the stepparent is contributing to the current parent.
More Questions? Ask your local St. Charles Lawyers!
The expert St. Charles lawyers at Flesner Wentzel have been helping recently divorced individuals receive fair treatment in court for many years. If you have any questions regarding family or criminal law in Missouri, or are looking to hire a professional, do not hesitate to call the lawyers at Flesner Wentzel today!
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