What Significance Is the New Spouse’s Income to Child Support Obligations?

TL;DR of Does a Spouse’s Income Affect Child Support

Child Support After Remarriage in Texas

Remarriage can bring joy, stability, and a fresh start for spouses after they have gone through a divorce in the years prior. However, when children from a prior relationship are involved, financial responsibilities that were agreed to in the divorce don’t disappear. One of the most common questions family law attorneys in Texas receive pertains to whether remarrying will affect their child support payments. Knowing the rules surrounding this is especially important for those managing child support after remarriage or those dealing with complex issues surrounding remarriage and child support in Texas.

We’ll break down how Texas law treats the income of a new spouse when it comes to child support, what exceptions there are, and how a new child may or may not influence current child support obligations. If you’re looking to marry while currently paying child support, understanding the law is the first step, and contacting a child support or divorce lawyer in Austin, such as Eric M. Willie, can make all the difference.

Texas Child Support Guidelines

Texas has created child support standards to follow under Texas Family Code – FAM § 154.125, income-based guidelines for calculating child support. Typically, the non-custodial parent pays a percentage of their net monthly income. Income for a non-custodial parent may include:

• Salary and wages
• Bonuses and commissions
• Self-employment income
• Rental income
• Retirement benefits
• Certain other income sources

The standard percentages under the Texas child support guidelines are:

• 1 child: 20% of net income
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5 or more: 40%

However, Texas caps the maximum amount of monthly income considered for child support purposes, which is at around $9,200/month, as of 2024. That means support calculations won’t consider income beyond this cap unless extraordinary circumstances exist. These cases can get complicated, which is why we recommend contacting an Austin child support lawyer near you.

Does My New Spouse’s Income Affect My Child Support Payments?

The simple answer is no. A new spouse’s income does not directly affect your court-ordered child support obligation under Texas law.

Texas Family Code Section 154.069 specifically states that the court cannot consider a new spouse’s income when determining child support payments. Support obligations are based on the biological or legal parent’s income alone.

So, if you’ve remarried and your new partner earns significantly more than you, the court does not use their income to determine how much you should pay in support, even if their financial contribution has changed your household’s standard of living.

This rule, enacted under Texas law, is designed to keep the focus on the legal parent’s financial responsibility and to avoid penalizing new spouses for obligations that are not theirs.

Remarriage and Child Support in Texas: Exceptions and Circumstances

Although your new spouse’s income doesn’t directly impact your child support payments, remarriage can still influence your financial picture in ways that matter to the court if child support were to be reevaluated. Here are a few indirect ways remarriage may become relevant to child support:

Voluntary Unemployment or Underemployment

If a parent quits a high-paying job after remarrying, or becomes a stay-at-home spouse, and relies on their new spouse’s income to get by, a court might consider that parent to be “voluntarily unemployed.” In these cases, the court may impute income. This means the court will assign income based on what the parent could be earning, rather than using their current, lower income. This exception to the rules prevents non-custodial parents from dodging their child support responsibilities by depending on a new spouse.

Extraordinary Circumstances

Though it is rare, Texas courts may deviate from standard child support guidelines if there’s a material and substantial change in a parent’s circumstances. For instance, if the paying parent has significantly more disposable income due to reduced living costs after getting married, such as receiving free housing or having no monthly bills, the court may view this as justification to modify support slightly, though the new spouse’s exact income is still not used in calculations.

Is a New Child a New Consideration?

Having a new child with a spouse after you remarry may affect your child support obligations. If you have another child in your new marriage or relationship, this can impact your child support obligations, but only in a specific way.

Texas courts may apply what’s called the “multiple family adjusted guidelines to child support arrangements. This means that if you’re supporting additional biological or adopted children (not stepchildren), the court may reduce your child support obligation for the children from your previous relationship.

For example, if you were originally paying 25% of your net income to child support for two children, but you now have another child with your new spouse, the court may lower your payment obligations slightly to account for your expanded responsibilities. However, you’ll need to file for a modification of child support and demonstrate that your circumstances have changed significantly. Courts carefully evaluate the needs of all children involved to ensure fairness and adequacy of support.

Legal Guidelines: What the Texas Family Code Says About Remarriage

According to the Texas Family Code, the factors used to determine child support payments for the non-custodial parent include:

• The net resources of the obligor (the parent paying support)
• The number of children involved
• Any health insurance costs for the children
• The financial needs of the child
• Any other children the obligor is legally responsible for

Nowhere in the law does it permit or require the court to consider the income of a new spouse. Texas Family Code Section 154.069 explicitly bars it. This process makes sure that financial decisions made by the court remain fair and solely the responsibility of the legal parent, not their new spouse. This is because a step-parent has no legal obligation to support children from a previous relationship.

How Eric M. Willie Can Help With Child Support After Remarriage

Managing the child support process after remarriage or adjusting to life with a blended family can be legally complicated for many Texas families. Whether you’re seeking to modify your existing child support order, are concerned about a co-parent’s remarriage, or have questions about remarriage and your child support obligations in Texas, you need trusted legal counsel who knows the system inside and out.

Eric M. Willie is a seasoned divorce and family law attorney in Austin with many years of experience advocating for Texas families. He offers:

• Straightforward legal advice about how remarriage affects your child support
• Aggressive representation in modification or enforcement hearings to ensure you and your child’s best interests are always upheld
• Customized legal strategies that protect your financial interests and your relationship with your children above all else

Eric M. Willie understands that no two families are alike. His compassionate yet results-driven approach to child custody cases after remarriage ensures that your rights are upheld while keeping your children’s best interests front and center.

CONTACT FORM

---

Reviews of Our Top-Rated Austin, Texas Child Custody Attorneys

“This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo

“I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter

“I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman

These are just some of our 176+ Google reviews.

Read more reviews »