Colorado family court protects parental rights while also upholding the principle that parents have a legal obligation to support their children. When parents divorce, they develop a parenting-time schedule that’s signed into binding orders, or the judge makes a determination for child custody and parenting time.
Child support orders in Denver, CO are based on the total incomes of both parents and each parent’s allotted number of parenting time days in the custody schedule. Once the court establishes child support orders, they are legally enforceable. But what happens when one spouse remarries? How does it affect child support?
Does a New Spouse’s Income Affect Child Support Orders In Colorado?
When a child-support-paying spouse remarries (especially when they marry someone with substantial financial resources or a high income) it can become a point of contention for the paying spouse, who may feel they should receive more child support since their spouse now enjoys a more luxurious lifestyle. Or, conversely, when the paying parent learns that the child-support-receiving spouse has married someone with a high income or assets, they may feel they no longer have to pay child support. Despite the contentious feelings that often arise in these situations, a parent’s new spouse’s income and assets have no bearing on child support.
The court considers only the combined income of the child’s parents when determining child support under the Income Shares Model. When a paying parent remarries, their new spouse’s income does not affect their child support payment, since the new spouse is not the child’s parent and has no parental obligation to contribute to the child’s expenses.
What If I Stop Paying Child Support Because My Ex-Spouse No Longer Needs It Due to Remarriage?
Child support orders in Colorado are legally enforceable. No parent with a child support order should ever simply stop paying their court-ordered child support to their ex-spouse. Failing to pay can result in wage garnishment, liens on property, the loss of commercial and drivers’ licenses, and even criminal charges for contempt of court. Even if you feel that your ex-spouse’s remarriage brings them financial independence, or even wealth, it does not erase your responsibility to support your child.
Are There Ever Times When Remarriage Impacts Child Support Payments In Colorado?
Only in very few specific circumstances does remarriage affect child support payments under Colorado’s child support guidelines. For instance, the court may consider a child support modification request under the following circumstances:
- In cases of stepparent adoption, which occurs when a parent’s new spouse legally adopts their child. This is only possible if the child’s other biological parent has died or voluntarily or involuntarily terminated their parental rights.
- If the other parent’s new spouse pays them an income, for instance, for working in the new spouse’s company.
- If remarrying allows the parent to spend more time working, which increases their income. For example, if their remarriage allows them to move from part-time work to a full-time position.
Under the above circumstances, a parent may petition the court for a modification of their child support order.