If you lose your job, you may be worried about your ability to meet financial obligations like rent or child support payments. Depending on the situation, you may be able to request a modification of your support order due to unemployment. Continue reading and speak with a skilled Sussex County, Sparta post-judgment modification attorney today.
How is Child Support Calculated?
New Jersey courts use standard guidelines when creating child support arrangements to ensure that neither parent is disproportionately disadvantaged by the payment plan and, most importantly, that the child’s financial needs are met.
Courts will consider a variety of factors, including both parents’ incomes, the custody schedule, and the child’s needs, to ensure financial stability for the child. Using the formula, the court will add each parent’s salary to calculate the total gross income between the two. Depending on relevant factors, each parent will owe a certain amount of basic support proportionate to their share of the total income.
But what if your income suddenly decreases? Are you expected to continue making payments?
Can I Stop Paying Child Support if I Lose My Job in NJ?
If you lose your job, you cannot just decide to stop paying child support. Child support orders are legally binding, meaning you are obligated to pay and comply with the court’s instructions. Disobeying the order can lead to legal consequences, so never cease payments on your own.
However, you may be able to request a modification of the order. NJ courts will not approve a modification without good reason, so you must have ample evidence supporting your petition that proves your unemployment is a substantial and sustained change in circumstances that impacts your ability to pay. Consider submitting records that show your limited ability to pay, such as pay stubs, unemployment benefits, tax returns, and your termination letter, as well as documentation of your efforts to secure a new position. This may include email communications, applications you have submitted, and more.
What Should I Do After Losing My Job?
If you have recently been laid off and owe child support, it is important that you begin applying for new jobs right away. However, it is not always possible to procure new employment immediately. Notify the family court and your child’s other parent about your job loss as soon as possible. Continue paying the ordered amount or at least as much as you can afford to show good faith and prevent the accumulation of arrears.
Consider petitioning the court for a modification of your child support obligation. You can request a temporary or permanent reduction or alteration of the order to accommodate your new financial situation. If your unemployment was involuntary and you are actively applying to jobs for 90 days or longer, the court may approve your request.