If you are a divorced parent or unmarried co-parent and you have been making court-ordered child support payments, you are likely familiar with the financial burden they can create. For many people, sudden job loss could create a highly stressful financial predicament, in which making child support payments could become impossible.
Can I Get a Child Support Order Modified if I Lose My Job?
Yes. Though you are not guaranteed to receive court approval just because you are out of work, unemployment could make you eligible for a modification to your child support order. If you have lost your job and will not be able to make child support payments in the near future, it is critical that you contact an experienced family law attorney right away.
Also be advised that your eligibility for modification to your child support agreement does not immediately excuse you from making payments. Until your order is officially changed, you are legally obligated to continue paying child support. If you stop making child support payments and your requested changes are approved later, you will still be on the hook for previous missed payments.
If you have been out of work for a significant period of time due to accident, illness, injury, or disability of any kind, you may also be eligible to change your child support order in order to accommodate your present circumstances. However, even in cases of severe injury, illness, etc., it is crucial that you continue making payments as ordered until your changes receive court approval.
Can I Force My Unemployed Ex-Spouse to Continue Child Support Payments?
Custodial parents have some options when their ex-spouse becomes unemployed. In order to avoid payment cessation or going to court, it is always best to involve an experienced family and child support lawyer first, so that you can make decisions based on wise counsel.
Attempts to resolve short-term payment issues can sometimes be resolved between parents, without ever going to court or taking legal action. If talks with the paying parent fail and they refuse to continue making the agreed-upon/ordered payments, involve a family lawyer immediately by calling Louis P. Winner at (502) 812-1889 for help. We can help you negotiate with the paying parent and take further legal action to enforce the terms of your child support order, if necessary.
How Can I Change My Child Support Order?
Whether you are the custodial parent or a recently-unemployed paying parent, it is in your best interest to consult with a family lawyer right away. Securing legal representation can help you avoid making costly mistakes or creating a lapse in necessary finances for the care and wellbeing of your child.
Once you get a family law attorney in your corner, you will work together to appeal for a modification at the court that has jurisdiction over your divorce and your child support case. If you and your ex-spouse are currently living in different states or court districts, you must consult an attorney for help in regards to which court should be involved in changing your agreement.
What Kinds of Modifications Can I Make to My Child Support Agreement?
You may make a temporary adjustment to your child support agreement if you are experiencing a present crisis such as short-term unemployment, disability, or financial hardship. A court may give you several months of modified payments before reinstating the terms of your original child support order.
If you require an immediate change to your child support agreement because of an emergency, call (502) 812-1889 to get in touch with an experienced family lawyer who can help you begin the process right away.
In the event you experience a life-altering accident, injury, or illness or become permanently disabled, your circumstances may warrant a permanent change to your child support order. Due to the personal and financial demands that such situations tend to create, it may be necessary to pursue an immediate child support modification, in order to free up the necessary funds for medical treatment, therapy, rehabilitation, etc.
How Do Social Security Income and Social Security Disability Income Affect Child Support?
Social Security Income (SSI) is not typically factored into your total income when a court is deciding how to divvy up child support obligations. This varies by state, and you should consult an experienced family lawyer in order to gain a better understanding of how your SSI could factor (or begin to factor) into your child support agreement in your state.
Social Security Disability Income (SSDI), on the other hand, is treated different than regular income and Social Security Income. If you are a SSDI recipient, you may qualify you for permanent changes to your child support order.
Speak with a Louisville Family and Child Support Lawyer Immediately
If you are in an emergency situation, such as unemployment, or have experienced another important change that may warrant a modification to your child support agreement, let Louis P. Winner help. Our experienced family and child support lawyers have handled many cases like yours and have become recognized leaders in Louisville Family Law.
Schedule your complimentary consultation with Attorney Winner by filling out this short online form, or call us at (502) 812-1889 to speak to a staff member today.