Remarriage is not automatically considered a change of circumstances warranting a modification of child support, but it does end maintenance payments.

After the emotional wounds have healed from a divorce in Wisconsin, it is natural for ex-spouses to turn their thoughts toward new relationships. Both may have concerns about how a remarriage will affect their finances with regards to spousal maintenance and child support, as well.

In truth, the courts are provided with a considerable amount of discretion when it comes to changes in circumstances. Although remarriage rarely warrants a change in child support, it will affect maintenance in most cases.

Could child support be modified?

Child support is set based on percentage of income standard guidelines, which are outlined by the Wisconsin Department of Children and Families. These are usually applied as written, but the court also has the ability to set other arrangements if they are deemed unfair to one of the parents or the child because of the circumstances of the case. The only requirement is that the reasoning must be stated in the order.

The court evaluates the situation for modification purposes using the same formula and considerations. There is also the same discretionary power to determine whether a significant change in circumstances has occurred, and how it should affect payment amounts. Remarriage is not expressly mentioned. However, the Wisconsin statute regarding modification allows the court to consider any factors that could be deemed relevant to the case, and a remarriage does have the potential to affect a parent’s financial situation.

What about spousal maintenance?

The person who is paying the maintenance may find that a remarriage puts a strain on personal finances, but the court will not consider this as a reason to make a modification to the spousal support. However, if the person receiving the support remarries, the statute states that the maintenance will end.

According to the statute, after remarrying, the person receiving maintenance payments has the responsibility to provide notice to the court and the ex-spouse within 10 business days. After that, the payer may request that the court end the maintenance order. When the person making the payments learns of the ex-spouse’s marriage, he or she can immediately request an end to maintenance payments by providing proof of the marriage to the court and notifying the ex-spouse of the request.

If a person discovers that his or her ex-spouse is planning to re-marry, it is a good idea to seek the advice of a family law attorney before the event occurs to learn about the potential for modification in child or family support and to bring an end to maintenance payments.