Today, many people are out of work. This can be especially difficult for those who have to pay child support. So, do you still have to pay child support if you have lost your job? Read on to learn more about modifying child support in the event of unemployment.
How is Child Support Determined?
When a court determines child support, there are a lot of different factors that are taken into account. Some of these factors include:
- The child custody arrangement you and your spouse currently have in place
- Your child’s needs
- You and your spouse’s earning capacity
- You and your spouse’s age and health
- The age and health of your child
- Whether your child has any special needs
- Whether your child is seeking higher education, such as college
- Whether you or your spouse have any liabilities
- You and your spouse’s standard of living
- You and your spouse’s yearly income
If I Lost My Job, Can I Stop Making Payments?
If you have lost your job, you still have to continue making child support payments. Payments will have to continue to be made unless the court has stated otherwise. That being said, there are circumstances in which you can modify your child support payments. You may be able to change the amount and/or frequency of your payments.
Child Support Modifications
When it comes to child support modifications due to unemployment, the court will examine the following factors:
- Has the individual been out of work for at least 90 days prior to seeking the child support modification?
- What was the reason for the loss of employment?
- What has the individual done in the meantime to find a replacement position or alternative means of income?
- Is the individual able to physically and mentally obtain and retain employment?
- Did the individual receive and severance payment from their previous employer?
It is important to note that child support can only be modified under unexpected circumstances. This means that if you are unemployed because you quit, or you were fired as a result of negligence or criminal wrongdoing, you likely won’t be able to modify your child support arrangement.
If you are looking to modify your current child support arrangement, contact our firm today to discuss your options with an experienced family law attorney.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928