Losing your job can be a terrible experience, and it often affects your ability to pay the bills and meet obligations such as child support. Job loss usually does not mean a parent can stop paying child support, but you may be able to request a modification on your payments from the court.
Income and child support
The court calculates child support payments based on several factors, including the parents’ income. As job loss usually results in a significant loss of income, the court might consider it a valid reason to modify your child support payments. Still, you need to go through the appropriate process.
Request for modification
Parents who want to modify their child support obligations may petition the court. In your petition, you need to present evidence that you lost your job, such as your termination letter. Other documents that may come in handy include a statement of your assets and a declaration of any other different sources of income.
After you submit the petition, the court usually schedules a hearing where you and your ex need to present evidence. If the court determines that a modification is necessary, it will issue a child support order with your new obligation.
This new order, however, does not apply to past child support payments you could not pay because of your job loss. Any amount you owe remains the same and usually gathers interest until fully paid.
Requesting modification can be a complex process. If you need help with the process and completing the requirements, it helps to seek the assistance of a family law attorney.