What is the effect of remarriage or cohabitation on child support payments?
In Florida, the effect of remarriage or cohabitation on child support payments is that it may stop the obligation of the parent to pay child support. When the custodial parent remarries or cohabitates, the court may decide to terminate the obligation of the non-custodial parent to pay child support. This decision, however, is not automatic and is based on a few factors. The court will consider the resources and financial assistance the new spouse or partner may provide for the child, as well as the financial resources available to the non-custodial parent. When considering the impact of the new marriage or cohabitation, the court will examine if there will be a significant change in the child’s financial needs, how the resources of the new couple may meet those needs, and whether the new couple can provide the same level of support as the non-custodial parent alone. In addition, the court may look into the best interests of the child when making the decision on child support. If the court determines that the remarriage or cohabitation of the custodial parent is not in the best interests of the child, they may still order the non-custodial parent to pay child support. However, it should be noted that the non-custodial parent may seek to modify or terminate the child support order if they can demonstrate that a material change in circumstances has occurred, such as remarriage or cohabitation of the custodial parent.
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