I pay maintenance to my ex wife. She has now remarried and taken a higher paying job. Do I still need to pay her maintenance? We have joint custody of our 10 year old son
1 Answer from Attorneys
You have to look at the terms of the judgment. Typically her remarriage terminates the maintenance. However if it is unallocated maintenance, then a child support order must be entered. Depending on your tax status, it may be better to continue to pay the maintenance rather than paying child support. You really need to sit down with a competent atty who can go over your judgment and run the tax calculations on maintenance vs. child support. The fact that you have joint custody does not mean that you may not have to pay child support.