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When you get remarried does that mean ex husband does not have to suuport his kids anymore?

Asked over 2 years ago - Tewksbury, MA

devorce agreement states father is to provide support and healthins for three kids. after 4.5 yrs now wants mother to pay health ins for kids and lower his support payments because mother is getting remarried! he states with her new marriage he is not obligated to pay these benifits!

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Attorney answers (3)

Henry Lebensbaum

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in Andover, MA.

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the obligation remains, and you need to get the court involved if there is a refusal to pay child support. Any statement to the contrary is wrong - and if the payment stops, file for contempt.

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Gabriel Cheong

Reputation Level 15

Answered over 2 years ago. Divorce / Separation Lawyer in Quincy, MA.

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His obligation for child support does not end until Emancipation occurs. The emancipation language should be included in your Separation Agreement and usually involves the death or marriage of the child, or age 18 or 23 depending on whether the child is in school full time.

The only payment that ends with YOUR remarriage is most likely alimony. That's it.

Don't let him lie to you. If he doesn't pay, file a contempt. Get his wages garnished by the Department of Revenue.

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Elizabeth Taylor Herd

Reputation Level 14

Answered over 2 years ago. Medical Malpractice Attorney in Tampa, FL.

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I am not licensed in MA and you should contact a local lawyer. However, in some states other income in the household may be a consideration in modifying existing child support obligations. So the short answer is that it may be a factor that the court will consider, but you will have to ask a local lawyer.

Betsey Herd
Tampa, Florida

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