Legal Q&A
Q
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When I divorced my ex-husband, we agreed that I would raise the child. But these days I have met a good person, and I am even seriously considering remarriage. If I remarry, does custody pass to my ex-husband? Or does custody remain the same but I can no longer receive child support? I would like to know.
child support after remarriage
child support
Answer
Published:
Author : Kuk Il KIM
Remarrying does not automatically mean that custody passes to your ex-husband or that you can no longer receive child support.
The custodian determined by the court at the time of the divorce is in principle maintained as is, and a change of custody is possible only when a separate change in circumstances is recognized.
In addition, the obligation to pay child support is not extinguished merely by the fact of remarriage.
Child support is a responsibility jointly borne by the child's biological parents, and even if the custodial parent remarries, the non-custodial parent's obligation to pay child support is in principle maintained.
However, there are cases in which child support may be exempted or reduced.
If the custodial parent's new spouse has legally adopted the child, there is a possibility that the other party's child support burden will be exempted.
In addition, if the custodial parent's economic situation has greatly improved due to the remarriage, or if the non-custodial parent's economic circumstances have worsened, an application for reduction is possible.
The court determines whether to reduce child support centering on the welfare of the child rather than on whether the custodial parent has remarried, and where a reduction is found to be necessary, an adjustment may be made.
If issues of child support or custody arise together in the course of a remarriage or divorce, it is advisable to organize the current child-rearing environment and economic circumstances and then check the possibility of adjustment through a legal consultation.

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