Is Child Support Addressed in an Annulment?

There are two types of annulment, which include civil annulment granted by the state government or religious annulment granted by a church. In order to have an annulment, it must be shown that the marriage was never valid to begin with. Some common reasons a marriage can be invalidate are:

One spouse was under legal age to get married at the time of marriage
One spouse suffers from mental illness or was under the effects of alcohol or drugs at time of marriage
One spouse was already married to someone else at time of marriage
One spouse withheld important facts, such as a desire not to have children, inability to have children, or having a serious illness
The marriage was never consummated
The marriage was between two people who are too closely related to be legally married

Annulment Erases Divorce

Annulment is a means of erasing a marriage so that it never existed legally. Unlike a divorce, annulment does not address any property distribution or spousal support. There are no future obligations between the spouses, unless the couple had a child, in which case, child support, custody and visitation would need to be addressed. Children of an annulled marriage are not considered illegitimate.

The courts can decide upon annulment child support amounts to ensure that the financial obligations of providing for the children are met. If one parent fails to live up to the support order, the court may order child support enforcement after annulment.

Religious Annulments

Within the Roman Catholic Church, a couple may obtain a religious annulment after obtaining a civil divorce, so that one or both people may remarry within the church and have the second union recognized by the church. Religious annulment and child alimony may be considerations that both parties take into account before entering into this process.

Getting Legal Advice

If you have filed for a legal or religious annulment and have children, you may want to consult with a child support attorney who can advise you on your legal child support obligations.

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