When you lose your job, it can be incredibly overwhelming as you may have concerns about how you are going to make ends meet. This matter may only be exacerbated if you owe child support to your ex-spouse. Unfortunately, if you are unable to make these payments, you may wonder if the court will grant a change in the order. The following blog explores what you should know if you want to modify your child support payments after losing your job, including the importance of working with a Long Island child support lawyer to help you fight for the best possible outcome.
Will I Be Required to Pay Child Support After Job Loss?
It’s important to understand that job loss does not immediately relieve you of your obligation to continue paying child support. As such, if you lose your job, you must continue making payments unless you have a court order explaining otherwise. Failure to make payments can result in legal action against you, such as lawsuits and wage garnishments to recover the outstanding funds owed in child support.
Generally, the court will only grant a modification under extraordinary circumstances, like suffering an injury that renders you unable to make payments or the child’s needs substantially change. As such, the court does consider job loss a significant life event that warrants a change in the modification. However, you’ll find that the court will examine a number of circumstances prior to granting this change.
In most instances, the court will consider the reason for the job loss. If you were fired because you violated company policy, the court may not be willing to modify the support order. This is because the court will not want to penalize your child for decisions that you made.
Additionally, the court will examine your efforts to find new employment. If you cannot show that you’ve made a good faith effort to obtain new employment, the court may be unwilling to modify the current order.
How Do I Modify a Current Child Support Order?
If you have lost your job, it’s in your best interest to connect with an experienced attorney to assist you in petitioning the court and gathering the evidence necessary to show how the job loss has impacted your ability to make these payments. This typically includes proof of job loss, bank statements, and a report of your current expenses.
It’s critical to note that you can seek a pause on support until you find new employment, a reduction in the amount you are paying each month, or a full termination of the support obligation. Working with an experienced attorney can help you determine the best option for your circumstances.
Losing your job can be an incredibly stressful time, leaving you uncertain of how to proceed. As such, it is in your best interest to connect with an experienced attorney with the Law Offices of Jay D. Raxenberg, P.C. Our firm will examine your circumstances to help you through these difficult times. When you need help, our firm is here. Contact us today to learn more.
