If you have lost your job, you may be wondering whether you have to continue paying child support. You will have to continue making payments unless otherwise stated by the court. That being said, you may be able to modify the amount and frequency of your payments in the event of unemployment. Read on to learn more about modifying child support in New Jersey.
How is child support determined?
One of the biggest factors when it comes to determining child support is your income. As a result, a large change in income may warrant a child support modification. Other factors that help determine child support include:
- The child’s needs
- The child’s age/health
- The child’s education
- Which parent has physical custody of the child
- Any income, debt, and assets of each parent
- The financial status of each parent
- Each parent’s work history
- Each parent’s earning capacity
- The cost of providing for the child
What to know about modifications:
It is important to note that when it comes to modifying your child support agreement, you will have to prove that there has been a significant and unexpected change in your circumstances. The following circumstances may be grounds for modification:
- An increase or decrease in income
- A change in federal income tax law
- Loss of job, or, on the flip side, a promotion
- A spouse remarries
- A spouse loses their home
- The supporting parent has suffered a significant medical injury or condition
Notably, if you have lost your job because you quit, or you were fired for gross negligence or criminal behavior, you will likely be unable to modify your payments.
What is the modification process?
In order to modify your child support payments, it is important to work with a skilled family law attorney. Once you hire an attorney, he or she will file a motion with the court to request a child support modification. Next, your attorney will present supporting evidence to prove that your situation has significantly changed and that you truly need the terms of your child support updated.
If you have recently lost your job and need to modify your child support payments as a result, our firm is here to help. Reach out today to discuss your case.
Contact Our Experienced New Jersey Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.