Can I Modify Child Support and Alimony Payments if I Lost my Job?

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Can I Modify Child Support and Alimony Payments if I Lost my Job?

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.

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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.

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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