Your State Might Allow You To Modify Your Child Support Obligations
Posted on: 5 December 2022
You're required by law to meet your child support obligations. However, if you discover that you cannot meet these obligations because you have experienced a job loss, you might be able to solve this problem with the help of an experienced child support lawyer who can guide you through the process.
Changing Your Child Support Obligations
It's important to consult with a child support lawyer after you have lost your job because there might be a legal remedy. Depending on the state in which you reside, you might be able to petition to have your child support obligations modified.
Evidence Required
You will need to show that you have experienced a significant change in your income and that this was unavoidable and will affect your ability to make child support payments. For example, the judge will want to know whether the job loss is voluntary or involuntary.
Voluntary and Involuntary Job Loss
Even if you leave your job voluntarily, you might be able to have your child support obligations reduced if the actions you took were in good faith. For example, if you left your job to start a business and the business venture failed, you may still be able to reduce your child support obligation afterward.
Another example of a legitimate voluntary job loss is when you have completed an advanced degree and you now have the ability to enter a job market with more education and training. You might choose to leave your job to pursue a career opportunity that doesn't end up panning out.
Other Justifications for a Child Support Modification
You might also be able to modify the child support obligation if you are able to prove that doing so is in the best interest of your child or that the child has turned 18 and no longer needs your support.
How Your Case Will Progress
Each individual situation is different and you will want to discuss your experience with a child support lawyer. Each state has extensive requirements for what you need to do when proving that you are no longer able to pay child support.
You will still be required to pay child support under most circumstances. However, the court will modify your child support obligation so that it is more reasonable base on your current financial means. The court will also keep track of your efforts to secure more employment and will want to make sure that you're making a diligent effort.
For more information, contact child support lawyers near you.
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