Child Support in the Event of Unemployment | What to Know

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If you have lost your job, you will still have to pay your court-ordered child support. It is important to know that you will have to continue paying child support until the court legally states otherwise. While you will have to continue paying child support, you may be able to request a modification. Read on to learn more.

Grounds to request a child support modification?

If you have lost your job, you will likely need to modify the amount and/or frequency of your child support payments. Some grounds for a modification include:

  • One party has lost their job, received a promotion, or secured a higher-paying job
  • One party has contracted a serious medical condition, or has become seriously injured and now needs the money to pay for his or her medical bills
  • One of the parents has lost their home
  • The federal income tax code has changed
  • The financially dependent party has remarried

What does the process entail?

To modify the terms of your child support, you will have to file a motion with the courts to request a change. However, you will have to prove that your circumstances have changed significantly to render the modification necessary. In order to provide this evidence, it is important to work with an experienced family law attorney.

When can I stop paying child support in New York?

As previously stated, you will have to continue paying child support until the court states otherwise. This typically occurs when the child reaches the age of emancipation. In New York, a child may reach emancipation if they reach a certain age or have the ability to provide for themselves. Once a child reaches emancipation, they no longer require child support payments from their parents. Some of the following situations can cause emancipation if the child:

  • Gets married
  • Enters the military
  • Lives independently, depending on their level of autonomy
  • Turns 18
  • Gets pregnant

However, some circumstances will require child support to be extended, for example, if the child decides to pursue higher education.

If you have lost your job and need to modify your child support payments, our firm is here to help. Reach out today to discuss your case with an experienced family law attorney.

CONTACT OUR FIRM

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

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