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Does a parent’s changed martial status affects the obligation of child support?

Does a parent’s changed martial status affects the obligation of child support?

Full question:

I am divorcee mother of two minor children residing in California. For the last three months the father of the children has stopped providing child support. I came to know that my ex-husband got remarried. Can his marital status affect his child support obligation?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: California

Answer:

No. In California, both parents of a minor child have an equal responsibility of providing child support regardless of their subsequent change in marital status. In Helgestad v. Vargas[1], the California Court of Appeals have held that, “a parent's child support obligation (see § 3900) exists independent of marital status.” Id. (citing In re Marriage of Wilson & Bodine[2]). The relevant statute is Fam. Code, § 3900.
Fam. Code, § 3900 states:

"Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child's circumstances."

[1] (2014) 231 Cal.App.4th 719, 734
[2] (2012) 207 Cal.App.4th 768, 143

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Why do parents fight for custody?

Parents often fight for custody due to concerns about their child's well-being, financial support, and the desire to maintain a close relationship. Custody disputes can arise from differing views on parenting styles, living arrangements, and the child's best interests. In California, the court prioritizes the child's needs and may consider factors like stability, health, and emotional ties when determining custody arrangements.

What happens if you marry someone who owes back child support in California?

If you marry someone who owes back child support in California, their child support obligation remains unchanged. Your income and assets are generally not liable for their child support debts. However, the court may consider your spouse's financial situation when determining support obligations in future cases. It's important to consult with a legal professional for specific guidance.

Who gets custody of a child in divorce in California?

In California, custody decisions are based on the child's best interests. Courts consider various factors, including the child's age, health, and emotional ties with each parent. Both parents can seek joint or sole custody, and the court will evaluate each parent's ability to provide a stable environment. Mediation may also be encouraged to reach a mutually agreeable custody arrangement.

How to avoid a custody battle?

To avoid a custody battle, parents should prioritize open communication and cooperation regarding their child's needs. Creating a detailed parenting plan that outlines custody arrangements, visitation schedules, and decision-making responsibilities can help. Mediation services can also assist in resolving disputes amicably. Focusing on the child's best interests is key to preventing conflicts.

What is the third parent law in California?

The third parent law in California allows for the recognition of a third parent in certain situations, such as when a child has two legal parents and a third individual has a significant parental role. This law aims to provide legal rights and responsibilities to non-biological parents who are actively involved in the child's life. It is designed to ensure stability and support for the child.

Who gets child custody after divorce in California?

Child custody after a divorce in California is determined by the court based on the child's best interests. Factors considered include the child's relationship with each parent, the parents' ability to provide for the child, and any history of abuse or neglect. The court may award joint custody or sole custody, depending on what is deemed most beneficial for the child.