Do I Still Have to Pay Child Support if I Lost My Job?

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Parents have a legal obligation to care for their children financially. As a result, New York courts take child support very seriously. Read on to learn more about child support, how it is determined, and what to do in the event that you are struggling to pay due to unemployment.

How Is Child Support Determined?

When a New York court is determining child support, they may take the following factors into account:

  • How old your children are
  • Whether your children have any special needs
  • The number of children in your household
  • Whether your children plan on attending college or pursuing a higher education
  • Whether you or your former spouse have consistent, hefty medical bills
  • Your child custody agreement

Do I Have to Continue Payments if I Lose My Jobs?

If you have lost your job, you may be wondering whether you have to continue paying child support. You will have to continue paying child support unless stated otherwise stated by a New York Court. That being said, you do have options. You may be able to modify the amount and/or frequency of your payments.

What Are Reasons to Request a Modification?

Child support is carefully calculated. For this reason, it is not always easy to make a change to the agreement. In order to modify your child support payments, you must prove that you have experienced a significant and unexpected change. Some of these changes may 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

How Can I Modify My Child Support Agreement?

If you have lost your job, you may need to modify your child support agreement. To do this, you should reach out to an experienced family law attorney. An attorney can file a motion with the courts to request a change and prove to the court that a modification is necessary.

If you need to modify your child support agreement, contact our firm to discuss your options with a skilled attorney. We are here to advocate for you and walk you through all of your family law matters.


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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