In New Jersey, both parents have a legal responsibility to support their children financially. As a result, child support payments are thoughtfully determined and legally enforced. But, in some cases, you may find that your agreement no longer works. In the event of sudden unemployment, you may find yourself struggling to make payments. Read on to learn more about child support modification in New Jersey.
How is Child Support Determined?
Child support is important when it comes to the well-being of a child. As a result, New Jersey courts take these agreements very seriously. When making a decision about child support, a New Jersey court will examine some of the following factors:
- The financial status of each parent
- Who has physical custody of the child
- Any income, debt, and assets of each parent
- Each parent’s earning capacity
- Each parent’s work history
- The child’s needs
- The child’s age/health
- The child’s education
- The cost of providing for the child
Do I Have to Pay Child Support if I Lost My Job?
If you have lost your job, you may be wondering if 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.
Child Support Modifications
It is important to note that when it comes to modifying your child support agreement, there must be a significant and unexpected change in your circumstances. Generally, the following circumstances are 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
This means that if you have lost your job, you can request a child support modification. That being said, if you are unemployed because you quit your job, or you were fired for gross negligence or criminal behavior, you will probably not be able to modify your payments.
How Do I Modify My Payments?
In order to modify your child support payments, you will want to reach out to 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 lost your job and you believe you need to modify your child support agreement, contact our firm today to speak with an experienced attorney.
Contact our 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.