How Does Remarriage Affect Child Custody and Support in Colorado

You’ve built a new chapter, maybe even a new family. But your past parenting agreement didn’t anticipate this change. If you have children from a previous relationship, you are likely wondering, How does remarriage affect child support or custody arrangements in Colorado? Does getting remarried affect child support or custody at all? If you are asking these questions, you’re not alone. Many parents face this exact question as they work to blend families and move forward. Understanding how remarriage may or may not change your legal responsibilities is essential if you’re trying to plan ahead, avoid surprises, or adjust a previous agreement.

Table of Contents

1. New Marriage, Old Obligations: Does the Law Adjust?
2. Does Child Support End If You Remarry?
3. Does a New Partner Affect Child Support or Custody?
4. When Remarriage Might Prompt a Legal Review
5. Filing for a Modification in Colorado
   1. Is It Worth Filing for Modification After Remarriage?
6. What Doesn’t Change with Remarriage
7. Why Clients Across Colorado Trust Plog & Stein, P.C.
8. Let’s Talk About Your Next Step

New Marriage, Old Obligations: Does the Law Adjust?

One of the most common questions we hear is, Does child support change if you get married? The answer is usually no. Colorado courts focus on the child’s legal parents when calculating or modifying child support, not the new spouse.

Under state law, child support is based on the incomes (financial resources) of both biological or adoptive parents, parenting time, and other relevant factors. The income of your new spouse or your co-parent’s new spouse isn’t automatically factored into this calculation.

However, remarriage can indirectly impact your financial situation in various ways:

• The remarried parent might experience lower household expenses due to shared costs;
• They may now have new financial obligations, such as stepchildren or a larger home; or
• They could also see changes in their income, either from a new job or cutting hours to manage a blended family.

These changes in financial circumstances could be grounds to modify child support.

Does Child Support End If You Remarry?

Child support obligations don’t vanish just because a parent remarries. In Colorado, child support generally continues until age 19 unless special circumstances apply, such as continued education or disability.

If a parent’s finances take a turn after remarrying, you might be able to adjust your support payments. But keep in mind that you must show a substantial and continuing change in economic circumstances, not just a temporary bump.

Does a New Partner Affect Child Support or Custody?

This one is trickier. In terms of dollars and cents, a new partner doesn’t directly affect how much either parent pays or receives in support. However, when it comes to custody and parenting time, a new spouse can play a larger role.

Colorado courts always prioritize the best interests of the child. That means any major changes in a parent’s household, including a new spouse, new step-siblings, or a new living arrangement, can affect custody agreements. If one parent believes the other’s remarriage is causing stress, instability, or concern for the child’s well-being, they may petition for a change in parenting time.

However, a judge won’t modify custody simply because you got married again. They need proof that the child’s well-being is affected or that the arrangement no longer works.

When Remarriage Might Prompt a Legal Review

While there is no automatic change, certain situations may warrant a legal reassessment:

• Significant financial change. If a parent’s remarriage comes with a notable shift in income or expenses, that might be grounds for a child support modification.
• New step-parent influence. If a new spouse is heavily involved in raising your child, or a conflict arises between the new spouse and a parent, that might impact custody arrangements.
• Relocation or remarriage out-of-state. Moving due to a new marriage may require court approval and could lead to changes in parenting time. Changes in parenting time can also lead to changes in child support.
• Requests to terminate or reduce support. The paying parent may request lower support based on new financial obligations. However, the court will still look at the child’s needs first.

Each of these scenarios involves a case-by-case analysis. The court requires more than just your word. You must provide documentation and a strategic plan.

Filing for a Modification in Colorado

If remarriage has changed you or your co-parent’s financial picture or living situation, you might believe it justifies modifying support or custody. The next step is filing a modification motion with the court. Either parent may request a modification anytime by demonstrating a significant and ongoing change in circumstances.

So, what qualifies as a significant change in the eyes of the court? The law generally requires at least a 10% change in the amount of support owed. The change must be expected to continue and not just be a short-term issue. The court may also consider factors like changes in parenting time, medical expenses, or the child’s educational needs.

Is It Worth Filing for Modification After Remarriage?

Suppose your financial or living situation or that of your child’s other parent has changed substantially, and you have documentation to support your claims. In that case, it may be worth exploring a modification request.

What Doesn’t Change with Remarriage

Getting remarried alone won’t change your parenting plan. However, if a shift in one parent’s household dynamic impacts your child’s well-being, the court may take a second look at:

• Existing court orders;
• Legal custody arrangements;
• The child support amount, unless formally modified; and
• Your right to parenting time.

If you rely on an informal agreement with your ex or assume the new family dynamics will speak for themselves in court—you could be mistaken. Protect yourself by being proactive and seeking legal advice before issues escalate.

Why Clients Across Colorado Trust Plog & Stein, P.C.

With over 50 years of combined experience handling Colorado divorce, custody, and support matters, our attorneys at Plog & Stein, P.C. know that no two families are alike. That’s why we take an innovative, honest, and efficient approach to every case. Whether you’re modifying child support after a remarriage, handling custody disputes, or deciding whether to settle or litigate, we offer legal strategies tailored to your goals.

We also provide unbundled legal services, from document review to advice sessions, for those who want focused support without full representation. Our firm proudly serves individuals throughout the Denver metro area and beyond, and we understand how legal issues and court practices can vary county by county.

Let’s Talk About Your Next Step

Does remarriage affect child support or custody? We hope that we’ve shed some light on this question for you, but remember, you don’t have to face this situation alone. You have questions, and we have a legal strategy to help protect your rights and prioritize your child’s future. Tell us what’s changed. We’re here to help you make strategic, confident choices for your family’s future. Speak with one of our attorneys today.

Resources:

• Best interest of the child, C.R.S. 14-10-124, link.
• Changing Your Order. Colorado Child Support Services, link.
• Family Law Programs. Colorado Judicial Branch, link.
• Parenting Time. Colorado Legal Services, link.