Family Matters.
When It Really Matters.

How Does Remarriage Affect Existing Orders After a San Diego Divorce

On Behalf of | Jan 30, 2022 | Child Support

How does remarriage affect existing orders after a San Diego divorce?  What happens with issues such as child custody and visitation, child support and spousal support if a former spouse remarries?

A recent study by Pew Research provided interesting insight into the nature of families in California and across the United States.  In the 1960’s, over 73% of US children lived with two parents who were in their first marriage.  This dropped to 61% in the 1980’s and below 50% for the first time in 2014.  The study noted 26% of US children lived with a single parent (or shared parenting situation), 15% lived with two parents who were in a second or subsequent marriage, 7% had cohabiting parents and 5% had no parent in the home at all.  In essence, remarriage is a common issue in San Diego and across the country.

This leads to a natural question: How does remarriage affect existing orders after a San Diego divorce?  The answer depends upon the type of orders in place.  Generally speaking, spousal support obligations are usually terminated by the remarriage of the recipient.  If the payor of spousal support remarries, the existing spousal support obligations remain in effect.  Child custody and visitation as well as child support can become a much more complex set of issues.

A lot will depend upon the age of the child(ren), the nature of the relationship between the child’s co-parents and perceptions of new partners coming into the mix.  In some cases, both of the child’s parents may agree to keep the same visitation schedule based upon a comfort level with a former spouse’s new partner and the situation within the new household.  In other cases, the remarriage of a parent sharing child custody and visitation can result in a substantial disagreement about the best interests of the child.

How will remarriage affect existing orders after your San Diego divorce?  What will happen to your existing spousal support, child support, child custody and visitation orders?  Every case is different.  However, this change could have a substantial impact on your life.  You need the experienced, proven advice and counsel of the Certified Family Law Specialists at Burke & Domercq.  Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.