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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.
New York is an equitable distribution state which means that in a New York divorce the court divides marital property equitably between the parties, unless a written settlement agreement is achieved. All property in the divorce case is either separate property owned by the individual, or marital property owned by the married couple.
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