Child support payments are crucial to ensure financial stability for your child, but they can also be hard to keep up with, especially if you are recently unemployed. After losing their job in New York, many parents are unsure whether their child support obligation can be modified, the steps they must take to ensure compliance, and what happens if they fall behind on payments. It is crucial that you fully understand your legal rights and responsibilities when it comes to child support. Continue reading and reach out to a knowledgeable Suffolk County child support lawyer for more information and legal advice today.
What is Child Support and How is it Calculated?
Child support is the financial contribution that one parent makes to help cover a child’s basic needs, like housing, food, clothing, healthcare, and education-related costs. When two parents separate or divorce, it is important for the non-custodial parent (the parent who does not have primary physical custody of the child) to contribute to the cost of raising the child. A court order ensures that both parents comply and support the child’s needs.
New York courts calculate support obligations using a percentage of the combined income of both parents. In general, a non-custodial parent who has one child will be expected to contribute 17% of the income to the child’s needs. If they have two children, the requirement increases to 25%, and so on. While this is the standard, courts may also consider daycare or childcare costs, health insurance, medical expenses, and any special needs. The state strives to ensure fairness and accuracy during these calculations.
Can Child Support Be Modified After Losing My Job in NY?
Yes, New York law allows a parent to request a modification if there has been a substantial change in circumstances. Involuntary job loss may constitute a substantial change if it significantly impacts your ability to make payments.
It’s important to note that the modification is not automatic, and you cannot stop paying on your own. You have to file a petition with the court requesting a temporary pause or reduction. After evaluating your new circumstances and financial situation, the court will determine whether there has been a substantial enough change to warrant a modification of the original order. Any approved modification usually applies from the date the petition is filed, not from the date you lost your job.
Is Voluntary Job Loss Different Than Layoffs?
Yes, voluntary job loss is treated differently from a layoff when it comes to child support modifications. The court will closely examine whether your unemployment was voluntary or involuntary. If you were laid off, the company downsized, or you have a medical inability to work, your unemployment may be considered for a modification of your support order.
However, if you resigned or were fired for misconduct, the court may believe that you intentionally reduced your income in an effort to avoid your obligation. In that case, the modification would be denied and the court may impute income, meaning it may base support on what you are capable of earning not what you are actually earning.
Understanding your legal rights and options is crucial after losing your job. Reach out to a skilled attorney today.
