COVID-19 has caused many people to lose their jobs. If you pay child support and alimony payments to your ex-spouse and you have recently lost your job, you may be wondering whether you have to continue making these payments. Read on for more information regarding modifying child support and alimony in the event of unemployment.
Do I Have to Continue Making Child Support and Alimony Payments?
If you have lost your job, you still have to pay child support and alimony. Payments should not stop unless there is a formal order or agreement from the court. While this is true, modifications can be made in order to adjust the amount or frequency of payments. Child support and alimony are determined by your income, so if there is a large change in income, you may need to modify your arrangements.
Can I Modify My Child Support and Alimony Payments?
Child support and alimony can be modified in the event of a loss of employment. But, you must be able to prove that there was a substantial and unexpected change. When making a decision about modifications, the court will examine the following factors:
- Has the individual been out of work for at least 90 days prior to seeking the alimony modification?
- What was the reason for the loss of employment?
- What has the individual done in the meantime to find a replacement position or alternative means of income?
- Is the individual able to physically and mentally obtain and retain employment?
- Did the individual receive and severance payment from their previous employer?
Are There Changes That Do Not Result in Alimony/ Child Support Modification?
It is very important to note that there are some cases in which you have lost a job and you cannot modify your child support and alimony payments. For example, if you quit your job, or you are fired due to gross negligence or criminal wrongdoing, you will likely not be able to modify your arrangements.
We understand the financial difficulties many are facing during this time. If you have lost your job and you are struggling to pay your child support and alimony payments, reach out to our firm today to speak with an experienced and dedicated family law attorney. We are here to advocate for you and walk you through all of your family law matters. Do not hesitate to reach out with any questions or concerns.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
