Remarriage and Child Support in Louisiana

It's fairly typical for divorced parents to remarry at some point. When they do, they'll still have a legal obligation to support their children from the previous marriage—even if they have additional kids with their new spouse. But could the new spouse or children affect how much they're paying or receiving in child support? In Louisiana, the answer to that question depends on the particular circumstances.

Louisiana Child Support in a Nutshell

Louisiana has child support guidelines that set out the rules for determining the appropriate amount of support. The guidelines include a calculation formula that depends mostly on the parents' income, how many children they have, and their arrangements for child custody.

Judges may award more or less child support than the amount resulting from that calculation if, in light of the specific circumstances, strict application of the guidelines wouldn't be fair to the parents or in the child's best interests. (La. Rev. Stat. § 9.315.1 (2024).)

Either parent may request a change in the amount of child support they're paying or receiving. Generally, a judge won't grant that request unless there's been a substantial change in circumstances that's ongoing and impacts the child's needs or either parent's ability to support the child.

However, when Louisiana's Child Support Enforcement agency (CSE) is handling the modification request after a review of the order, a judge may (but doesn't have to) grant a modification if there's at least a 25% difference between the existing order and a new calculation of support under the parents' current circumstances—or any difference, if it's been at least three years since the existing order was issued or last modified. (La. Rev. Stat. § 9:311 (2024).)

Learn more details about how child support works in Louisiana and the modification rules.

When a New Spouse's Income Can Affect Child Support in Louisiana

Louisiana's guidelines spell out what counts as income in the child support calculations. Generally, a parent's income does not include a new spouse's income. However, judges may consider a new spouse's income to the extent that it's used to directly reduce the parent's actual expenses. (La. Rev. Stat. § 9:315(C)(5)(c) (2024).)

Here's how this might work: Say a parent's new spouse contributes to rent, mortgage payments, or other household expenses that the parent would otherwise have to cover alone. By reducing the parent's expenses, that contribution could free up more of the parent's income to support the child or children from the previous marriage. In this scenario, a judge may decide that the parent's income should include a portion of the new spouse's income (the amount that went to reduce the parent's expenses).

It will be up to the judge to decide whether to consider the new spouse's contribution as income—and, if so, whether a modification in child support is warranted under the legal requirements (discussed above). Depending on which parent's income is affected, a modification might lead to an increase or a reduction in the existing support payments.

When Children From a New Marriage Can Affect Child Support in Louisiana

We don't need to explain to parents that having more kids means more expenses. If you and your new spouse have had children together, you may very well feel that you don't have as much money available to support your children from your previous marriage. That could be true whether you're the one making support payments or you're paying for their day-to-day expenses as the custodial parent.

In Louisiana, you might be able to get a child support modification based on your support for other children—but that's not a guaranteed outcome. There are two ways this could work.

• Calculation of income: In the standard support calculation in Louisiana, payments that a parent is making under preexisting child support orders are deducted from that parent's gross income. However, judges may—or may not—also allow a deduction for any amounts parents are paying on behalf of their minor children from another relationship. This could include children born after the parent's divorce. (La. Rev. Stat. § 9:315(C)(1)(b) (2024).)
• Deviation from guidelines: When judges are deciding whether to deviate from the guidelines (as discussed above), they may consider a parent's legal obligation to support any dependents who are living with them, other than the children covered by the support order. (La. Rev. Stat. § 9:315.1 (2024).)

Notice that the wording in these two provisions is slightly different. When a judge is considering your support for other children as a reason for a deviation, you'll need to prove that you have a legal obligation to support them (which wouldn't apply to stepchildren, unless you've adopted them) and that they live with you. Those requirements don't apply to the potential deduction for support of other children. That means a judge might allow you to deduct support you're providing for any kids of yours (other than the ones covered by the support order you're hoping to change), even if they aren't living with you and the support is voluntary.

Either way, it's up to the judge to decide. If you're seeking a change in your existing child support order because you're supporting additional children, you'll need to convince a judge that a modification is warranted under the circumstances.

Getting Help With Child Support After Remarriage

If you want to change your child support order based on the circumstances related to your (or your ex's) remarriage, you may request a review by Louisiana's CSE. The agency will handle the modification request in court if the review shows that you're eligible.

You may also file a "motion" (written legal request) for modification with the court on your own. However, unless your co-parent has agreed on a new support amount, you should know that it can be difficult to navigate a contested modification case on your own. Also, modification requests can lead to unexpected results—because judges will consider all of both parents' circumstances, as well as any changes in the supported children's needs. You may want to consult with an experienced, local family law attorney who can explain your options and gather the kind of evidence you'll need to convince a judge that a modification is justified in your situation.