Remarriage and Child Support in Georgia

As a divorced parent, you'll still have a legal obligation to support your children if you get married again. And either parent's remarriage won't, by itself, lead to a change in the amount of child support you're paying or receiving for your kids from a previous marriage. But depending on the circumstances, you might qualify for a child support modification based on certain changes in your financial situation that result from having a new family.

The Basic Rules for Child Support Changes in Georgia

You may request a modification of child support in Georgia if you can demonstrate that there's been a change in either parent's "income and financial status" or in the child's needs. Once you've met that requirement, the court will apply Georgia's child support guidelines to calculate a "presumed" support amount based on your current situation.

However, you may argue that the presumed amount of support would be unfair or inappropriate in your case. Nothing related to remarriage—such as a new spouse's income or new kids—is included in the specific reasons listed in Georgia law for a deviation from the standard calculation. But the law also says that a deviation may be appropriate for other reasons when it's in the child's best interests. (Ga. Code § 19-6-15(i) (2024).)

How Children From a New Marriage Might Affect Child Support

Unlike some other states, Georgia doesn't include an adjustment in its child support calculation for a parent's support of children from other relationships. However, the Georgia Supreme Court has held that a parent's increased responsibility for supporting other children—including children from a new marriage—could qualify as a change in "financial status" justifying a modification in support for a child from a previous marriage. (Miller v. Tashie, 464 S.E.2d 498 (Ga. 1995).)

You should know, however, that you won't necessarily be able to get your child support order reduced just because you're now supporting additional kids in your new family. Even if that circumstance meets the threshold requirements for a modification, you'll still have to prove that you qualify for a deviation from the guideline amount of support. And the court may not allow a deviation if it seriously hurts the custodial parent's ability to provide the child with adequate housing, food, and other basic necessities. (Ga. Code § 19-6-15(i) (2024).)

Can a New Spouse's Income Affect the Amount of Child Support in Georgia?

The calculation of child support in Georgia is based on both parents' income—but the definition of income does not include the earnings or assets of a parent's new spouse. In one case, a Georgia appellate court ruled that a judge should not have included any of a new wife's income in the father's income when calculating child support, even if the new wife's earnings reduced the father's living expenses and allowed him to pay more support for the child from his previous marriage. As the appeals court reasoned, a parent's new spouse has "no legal obligation to contribute, directly or indirectly," to the support of that parent's children from a previous marriage. (Blumenshine v. Hall, 765 S.E.2d 647 (Ga. Ct. App. 2014).)

It's clear that a new spouse's income shouldn't be included in the calculation of child support under Georgia's guidelines. But it's not entirely clear how courts in the state would view a judge's decision to deviate from the guidelines based on the noncustodial parent's significantly improved financial circumstances as a result of remarriage—especially if a deviation would be in the child's best interests.

What If a Parent Quits Working After Remarriage?

Georgia's guidelines allow courts to "impute" income to parents who are voluntarily unemployed or underemployed. So if a parent quits working after getting married again—for instance, because the parent doesn't need to earn money thanks to a new spouse's income—the court may calculate child support based on what the parent could be earning.

However, when deciding whether a parent's unemployment or underemployment is voluntary, a judge may consider certain circumstances—including whether the parent is the caretaker for a child who's younger than five years old, is disabled, or is seriously ill. That means that if a remarried parent needs to stay home to care for a young or sick child from the new marriage, the judge might not consider the unemployment to be voluntary—and therefore might allow a modification based on the reduced income.

(Ga. Code § 19-6-15(f)(4)(D)(vi) (2024).)

Getting Help With Child Support After Remarriage

You can always try to reach an agreement on a child support modification with an ex. You'd still have to file a modification petition with the court, so that a judge can review and approve your agreement. And if you've agreed to an amount that's different than the guideline calculation, you'll need to explain the reasons for that deviation.

Otherwise, it would be wise to speak with an attorney if you believe you're entitled to a modification based on a change in financial status as a result of your or your ex's remarriage. A local family lawyer should be able to explain how judges are likely to view your request, in light of the law and the specific circumstances. And if you decide to move ahead, you'll need an experienced attorney representing you in court.

Finally, you should know that Georgia regularly changes its child support guidelines, which include the rules on modifications. You can download the most recent version of the guidelines (in Georgia Code § 19-6-15) on the Georgia Child Support Commission's Legislation, Rules, and Guidelines page.