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Modifying Child Support After Job Loss
It is understandable if you cannot pay as much in child support after you lose your job. The court will likely be able to modify the amount that you are ordered to pay, but you cannot expect this to happen without some help.
You Need Help Modifying Child Support
You cannot simply stop paying child support after job loss. You also cannot simply tell your former spouse about the issue, and expect to owe less. You need to notify the court properly so that you have the new amount in writing.
You may think it is easier to just tell your former spouse that you will have to reduce the amount, but even if he or she agrees for now, you could still end up in trouble. Your ex may soon decide that he or she needs more money from you, even if you do not have it. In that case, it is your word against your former spouse’s, and since he or she can refer to the official court order that was created when you had a job, you will lose that argument.
You will then be ordered to pay the regular amount of child support, whether you can afford it or not, and you may even face legal penalties for not adhering to the court order. Clearly, it is best to contact a lawyer and complete this process the proper way when you lose your job. The judge is more likely to reduce the amount owed when you follow procedure.
When you meet with our lawyers, we will discuss your circumstances. As long as there has been a drastic change in your income, you have a good reason to let the court know that you need a reduction in the amount of child support that you have to pay. We can help you present the court with a request for child support modification, and it you can rest assured that it will likely be accepted since you will have the support of your lawyer.
The New York court awards alimony after considering the spouses' financial situation, earning capacity, income, and the circumstances of the marriage. For example, if one spouse stayed home to care for the household while the other spouse supported the household, then the court generally requires the working spouse to continue supporting the other spouse. Alimony ends when the spouses agree, one spouse dies, or the receiving spouse remarries.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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