An Attorney Who Has Walked In Your Shoes

Does unemployment eliminate child support obligations?

When the state calculates child support responsibilities, it looks at many different factors. The standard of living during the marriage, the number of children in the family, the income of the parents and the overall division of parenting time can all influence the amount of support.

Occasionally, family circumstances change abruptly. The courts may then hear modification requests. It is sometimes possible to adjust child support obligations based on significant shifts in the financial circumstances of the parents or the needs of the children. The parent receiving support could ask for a modification if one child faces major medical challenges that come with large hospital bills. The parent paying support can also request modifications when necessary.

Does the loss of a job potentially justify the termination of child support payments?

Support obligations continue during unemployment

Some people truly resent the legal obligation to provide financial support for their children. They may do everything in their power to avoid or minimize their parental responsibilities. For example, parents might quit their jobs, start working under the table for cash or become voluntarily underemployed.

The courts tend to scrutinize any modification requests related to unemployment or a significant reduction in income. Typically, child support payments continue accruing even after the paying parent loses their job.

That being said, if someone loses their job unexpectedly, the courts may modify their child support payments to make them more manageable until they improve their circumstances. Parents can reduce but not eliminate their financial obligations until their circumstances improve.

Understanding how the courts handle child support modification requests can be beneficial for those paying support and those frustrated by a lack of support. Job loss does not automatically end or reduce support obligations.