In 2014, the state of New Jersey amended its alimony law, with its most significant change being the elimination of “permanent” alimony. With this, you may be wondering what will happen to your alimony payments if you choose to get remarried. You may be wondering the same for your child support payments. Continue reading to learn the impact of remarriage on alimony and child support and how an experienced Sparta NJ alimony attorney at Paris P. Eliades Esq. can walk you through this.
What is the impact of remarriage on alimony?
If your former spouse gets word that you are choosing to get remarried, they may file a petition for a post-judgment modification on alimony. They may even petition to modify or terminate their alimony payments if you are just cohabitating with your new partner. When a New Jersey court gets a case like this, they will look into the following factors:
- Whether you and your new partner share the same physical address.
- Whether you and your new partner have intertwined finances.
- Whether you and your new partner share living expenses.
- Whether you and your new partner share household chores.
- Whether you and your new partner recognize your relationship in social and family circles.
However, a New Jersey court will also look beyond these factors, as they hold the notion that cohabitation does not necessarily require you and your new partner to share a home on a constant basis. Meaning, living together full-time is not dispositive of whether there is cohabitation occurring.
What is the impact of remarriage on child support?
On the other hand, if your former spouse gets word of your remarriage or cohabitation, they cannot file for a post-judgment modification on child support. This is because the New Jersey courts believe that a child should not be denied the same opportunities they were once given when their parents were still married. In addition to this, they believe that the new spouse is not obligated to support a child from a previous marriage.
Although, this situation gets slightly more complicated when new children are either born or adopted into a newly-formed family. This is because, in the state of New Jersey, “other legal dependents of either parent” are considered a factor when determining whether to modify or terminate a child support order. Further, the New Jersey courts support your right to start a new family by adding new children. And so, these new children should not be denied any opportunities simply because of your prior marriage.
As you can see, you must approach a post-judgment modification with a great deal of care. For assistance through this process, retain the services of a skilled Sparta child support attorney today.
