How Remarriage Impacts Child Custody and Child Support in Maryland

If you remarry after divorce, you may be wondering how child custody or child support might be impacted. While remarriage alone does not automatically change a custody order already in place, a court might grant a request for modification of custody if there has been a “material change in circumstances” that affects the child. Similarly, when it comes to child support and remarriage, any existing child support obligation will not change based upon remarriage alone. However, if there are material changes in either parent’s financial situation because of the remarriage, or the financial needs of the child, the change in financial circumstances prompted by the remarriage may be grounds for a modification of support.

Remarriage and Child Custody

Best interest of the child is the legal standard that is applied to all child custody matters in Maryland, including those involving child custody or child custody modification and remarriage. While remarriage itself does not affect custody, a judge might determine that a custody arrangement should be altered if there are certain factors that would negatively affect your child’s health, safety, or welfare. If your new spouse was abusive toward you or your child, or has a substance abuse issue, a judge might order that the current custody arrangement be modified.

To modify an existing custody order, the parent requesting the change must establish that there has been a material change in circumstances since the last order was entered. Some of the factors a judge would consider when determining whether a custody order should be changed after a parent’s remarriage can include the following:

• The child’s relationship with the new spouse
• Whether the new marriage provides a less stable environment for the child
• A parent’s relocation and how it impacts the child’s relationship with the other parent
• Any changes regarding the fitness of either parent
• The willingness of the parents to cooperate when it comes to custody matters
• Whether the child’s needs are being met
• The preferences of the child (if they are old enough)
• The existence of other children in the household

In many cases, a parent’s remarriage can be beneficial for a child. Stepparents develop strong bonds with their stepchildren —and a child may be provided with increased emotional stability and physical well-being.

Relocation and Remarriage

Relocation can be a significant factor when it comes to modifying child custody arrangements. If the distance between you and your former spouse changes significantly due to remarriage, it may trigger a need to review your existing custody order and access arrangements.

Under Maryland law, if the custodial parent is planning to relocate with the child to a location that would impact the existing access schedule, he or she must provide at least 90 days’ notice to the other parent and provide an opportunity to object in court. If the noncustodial parent does not consent to the child’s relocation, a judge would determine the outcome of the case by applying the best interests of the child standard. Keep in mind that it can take months for a custody modification to process through the Court’s system.

Child Support and Remarriage

When it comes to child support and remarriage, a new spouse’s income is not considered unless they legally adopt the child. However, this would require the biological parent to relinquish their parental rights. The non-custodial parent would still be required to make child support payments to the custodial parent if either remarried. The amount of child support ordered would not be reduced based upon a new spouse’s income.

There is a narrow exception to the general rule that remarriage does not impact child support obligations. If the paying parent’s new spouse pays a parent’s financial obligations (for example health insurance for a minor child), the parent may have more financial resources available — and a court may award a modification based on their ability to contribute more toward child support.

Maryland’s Multifamily Adjustment

As of October 1, 2025, a new law went into effect in Maryland that could impact child support if you or your former spouse decide to remarry after divorce. The multifamily adjustment permits a parent to receive an allowance for children living in their home who they are legally obligated to support — and are not included in the current child support order. In order to receive the adjustment, the child must spend at least 92 overnights a year with that parent.

For instance, say a parent is currently in court for a child support matter and they have two younger children from a previous relationship living with them who are not subject to a child support order. They would have their income reduced by an allowance for those two children before support is calculated for the child in the pending case. The intention of the new law is to provide for a more realistic calculation of payments by considering a parent’s overall financial obligations. However, it may potentially result in some families seeing smaller payments.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you have concerns about child custody or child support and remarriage, it’s important to consult with a knowledgeable family law attorney who can best advise you regarding the facts of your situation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide compassionate counsel and trusted representation for a wide range of family law matters. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation and will discuss the options available to you. We will work closely with you in your case to reach the best possible outcome for you and your children.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.