I'm thinking about getting re-married, will my childs mother legally be able to get more child support payments based on my income and my new wifes income if I get remarried?
2 Answers from Attorneys
Re: child support
Rest easy. Minnesota Statutes specifically exclude your new spouse's income from any calculation of child support. You may wish to review our article on child support for further information. The article can be found on our website at http://www.divorceprofessionals.com
Re: child support
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice conerning the details of your case.
Minnesota statutes specifically state that your spouse's income doesn't count when calculating your child support.
However, before you remarry I strongly suggest that you consult an attorney. If you had an attorney for your divorce, that might be the best person. While your new spouse's income is not supposed to count for child support purposes, if you don't have a waiver of spousal maintenance (also known as alimony) in your divorce decree, any improvement in your financial circumstances could be used against you in connection with an effort to either start you paying maintenance or increase whatever maintnenance payments you are already making. Getting married and having a partner to share your expenses could be an improvment in your circumstances - what we call a substantial change in circumstances - which could bring up such alimony issues.
And here's another thing: You may be well advised to enter into an antenuptial agreement before you remarry. As soon as you marry, your new spouse starts acquiring an interest in everything you own. Do you want that to happen? Maybe it's O.K., but what about the inheritance rights of the child or children you already have?
And you will start acquiring an interest in eveything your spouse owns - does she want that to happen? The antenuptial agreement deals with these issues. A good antenuptial agreement may help to make you less of a target for alimony for your X as well.
You should remarry, but your life is more complicated now than the first time. Talk to your lawyer.
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