Losing your job can create significant financial stress in all areas of your life. This is especially true if you are required to pay child support. Child support ensures that both parents continue contributing financially to their children, regardless of their romantic relationship, and is essential to ensure the child’s needs are met. Understanding your options, like whether you can modify your child support order after losing your job, is crucial in protecting not only yourself but your child as well. Continue reading for more information and reach out to an experienced Union County post-judgment action attorney today.
How is Child Support Calculated?
During a separation or divorce, child support is calculated based on a variety of factors, including both parents’ incomes, parenting time, childcare expenses, medical costs, the child’s needs, and more. Courts aim to ensure financial stability for the child and will always prioritize their best interests over what may be considered an “equal” burden to the parents.
Courts use a formula based on the combined income of both parents and the number of children they share. The cost of basic support is proportionally divided between the parents based on their contributions to the total income.
Can I Modify Child Support After Losing My Job in NJ?
After losing your job, you may be scrambling to reorganize your finances and ensure you can get by while you seek employment. One of the obligations you may consider is child support. New Jersey law does allow modifications of child support due to a substantial change in circumstances.
If you can prove that your unemployment is involuntary and has significantly impacted your ability to pay child support, the court may approve a modification. It’s important to note that your unemployment must be substantial and continuing. If you were laid off last week, the court may not consider it a long-term problem and expect you to continue making payments. In general, if you cannot land a new job after 90 days of active attempts to gain employment, it may be cause to temporarily reduce the amount you owe.
Courts must ensure that your request for a modification is genuinely due to your circumstances, not just an attempt to avoid paying. You can provide evidence like your termination letter, records of your job search, bank statements, and more to support your case.
How Can I Request a Modification?
If you can no longer afford to make child support payments because of your unemployment, it is important that you do not stop paying on your own. Your child support obligation is a court order, meaning that disobeying its terms can be considered contempt of court. If you stop without permission from the court, you could face arrears, fines, and enforcement actions.
Instead, file a motion for modification with the court. A skilled attorney can help you follow proper procedures and include supporting evidence. The court will review the documents and may schedule a hearing to determine whether your order should be adjusted.
Reach out to a skilled family lawyer for more information and legal advice today.
