Does Remarriage Affect Child Custody & Child Support in Kansas?

April 10, 2024

When a couple gets a divorce, assets, and debts are divided, someone has to move, children move back and forth between parents, and alimony and/or a child support obligation could be paid or received. Although the marriage may be over, remarrying can affect the legal obligation of each parent. 

Remarriage can impact who is legally responsible for alimony, child support, and child custody. 

If you or your ex-spouse is planning to remarry, The Bright Family Law Center can help you understand how that will affect your divorce agreements. Read on for more information on child support regulations in Kansas and how remarrying can affect your child’s life. 

Child Custody and Support in Kansas

Child custody and child support are important elements of Kansas family law systems. When parents legally separate or divorce, Kansas law aims to ensure that all decisions are made in the best interests of the children. Let’s explore the factors that help impact child custody and child support. 

Factors Considered in Determining Child Support in Kansas

Kansas family courts follow guidelines to ensure that children receive adequate financial support from both parents, regardless of the changes in the family structure. Here are the primary factors considered for child support obligation:

  • The income wages, salaries, commissions, bonuses, and earnings from both parents
  • The amount of time each parent spends with the child
  • The number of children involved 
  • The childcare and healthcare costs, including health insurance premiums and out-of-pocket expenses 
  • The education, medical treatment, or other unique needs that require additional financial support.
  • Each parent’s financial resources, obligations, ability to earn, living expenses, and other dependents.
  • The overall financial circumstances of each parent, the standard of living the child would have enjoyed before divorce, and other factors the court deems relevant.

The Impact of Remarriage on Child Custody

Remarriage can introduce new legal and financial dynamics and influence the family structure, particularly concerning child custody and support. 

Impact of Remarriage on Child Custody

Remarriage won’t automatically affect parenting arrangements, and Kansas courts will consider how the remarriage impacts the child’s well-being. Key child support guidelines and considerations  include:

  • The stability and environment of the new marital relationship and the home environment 
  • The relationship between the child and the new spouse and stepsiblings
  • The geographic location, especially If remarriage involves relocating far away

Remarriage and Calculating Child Support

Remarriage can impact child support obligations because of the following changes it brings:

  • Lower living expenses of a parent due to a new spouse’s income and reduced expenses means the parent’s ability to pay child support can be reassessed
  • When a custodial parent remarries and the household income increases, the non-custodial parent can request a reduction in child support

Examples of Remarriage

Suppose a non-custodial parent remarries, and their new spouse has a substantial income. In that case, the parent with primary custody seeks to change the child support order for an increase in child support payments. However, the court might rule not to increase the child support since the new spouse is not legally obligated to financially support children from previous relationships. 

Imagine an ex-wife or former spouse remarries and the child moves into a new home with the parent, stepparent, and stepchildren. The non-custodial parent argues that the child’s living environment has changed significantly and requests a reevaluation of the custody arrangement. The court then reviews the stability of the new home and the child’s adjustment to determine if changes to the custody agreement are warranted.

These scenarios examine how remarriage can modify custody and how a new spouse’s income could affect who’s paying child support, the current child support order, parenting time, and parental responsibility.  

Photo of a woman putting ring on the finger

Kansas Remarriage and Custody Guidance

Parents considering remarriage need to be aware of the potential legal implications and sit down for a free consultation with a family law attorney. With each request, Kansas courts consider income, marriage, ability to pay,  the well-being of the child, and the child’s best interest before making legal deliberations following a remarriage. 

Here’s some guidance for parents facing relationship changes that could affect their minor children and parenting plan:

  • Engage in open and honest discussions with the other parent and your children
  • Always prioritize the well-being of the children
  • Examine existing custody, parenting plans, and support agreements to understand how remarriage can impact them.
  • Seek legal advice from a family law attorney for clarity, legal insights, and direction. 
  • Prepare for financial adjustments when seeking a modification of child support obligations or facing a request for one
  • Encourage positive relationships between your children, former spouse, and your new spouse
  • Being flexible can be essential to adjusting custody and support arrangements.
  • Use mediation when disagreements arise regarding custody or support adjustments to reach agreements and reduce conflicts.

Each parent’s income can affect the well-being of a child. Getting remarried may affect child support and who is obliged to pay child support. Remarriage and child custody don’t have to affect one another but the implications of remarriage on child support obligations and custody cases can be multifaceted. They often require careful consideration of legal guidelines and the unique circumstances of each family.

Each family court judge will seek to understand how financial changes influence support to adjust custody arrangements in response to new family dynamics. Remarriage can be an adjustment for everyone involved, but with the right approach and support, families can navigate these transitions effectively.

The Bright Family Law Center Can Help With Remarriage and Custody in Kansas

The Bright Family Law Center, LLC, specializes in helping families understand the complexities of remarriage in the context of child custody and support. Our dedicated team provides comprehensive guidance that ensures your legal decisions benefit your children and more. 

Suppose you’re facing potential modifications to child support obligations while exploring the intricacies of your custody adjustments. In that case, our center can facilitate the process so that whatever you decide respects the interests and rights of each family member.
Sit down with us today for a free consultation to discover how The Bright Family Law Center can assist you in managing the impact of remarriage on your family dynamics and legal obligations. Together, we can navigate which arrangements support the well-being of your children and secure their future.