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Alimony

Alimony
Alimony and new spouse
Child support
Child support agreement
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If a Spouse That’s Paying Alimony Remarries is the New Spouse’s Income a Contributing Factor?

If a spouse who pays alimony remarries, his or her new spouse’s income is not a contributing factor. The alimony payments for the ex-spouse are not dependent on the new spouse’s income. Each state has its own set of laws regarding alimony, however, in most states, the alimony payments are not dependent on the income of the new spouse.

Child support payment is usually not affected when the spouse who is making the payments marries. The biological parents are the ones who are financially responsible for the children. Usually the courts do not give any financial responsibility to the new spouse of either the father or mother.

The new spouse is not responsible for the alimony agreement that was signed, whether it be a couple of years before or many years before, and he or she is also not legally responsible to financially bear the burden of taking care of someone else’s child (or children). The courts put the responsibility for that onto the two people that are responsible for bringing the child into the world. Child support will be based on the income of the parents and not on the income of a new spouse.

How does a judge determine the amount of alimony?

The judge bases alimony on a variety of factors as set down by the courts. The judge will consider the income, assets, and debts of both people. The judge will also consider the future earning power of both ex-spouses. Other contributing factors:

  • Did one spouse work to support the other while he or she went to school?
  • Does the individual who wants alimony have other types of assets that can bring in more income, such as investments, pensions or trusts?
  • How long was the couple married?
  • For those who have been married a number of years, did they develop a specific standard of living that the person who has less money will have to give up once the divorce is final?
  • If there was a pre-nuptial agreement signed before the marriage took place then this is a very important consideration for the courts as well.
  • Does the couple have children?
  • Are the children very young?
  • Is it necessary for one parent to stay at home to care for the children?

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