Can I Reduce My Child Support Payments if I Lost My Job?

Losing a job can be devastating for anyone. However, the situation can be even more devastating if a parent with a child support obligation loses their job. If a paying parent loses their job, it can significantly impact their ability to continue making child support payments. If you are a parent with a child support obligation who’s lost their job, you may be wondering if it is possible to reduce your child support payments. If you are in such a situation, you should talk to a qualified child support lawyer. However, even before contacting an attorney, read on to learn whether it is possible to reduce your child support payments after losing your job.

Modifying Child Support in Florida

Florida family law courts understand that situations change. In Florida, child support orders are not cast in stone. Florida courts allow for the modification or adjustment of child support orders under certain circumstances. According to Florida law, you can modify a child support order if you can prove that a substantial change in circumstances has occurred that justifies the modification. For instance, a substantial change in income may warrant the modification of a child support order. Other reasons that may warrant the modification of a Florida child support order include a parent’s illness, injury, or disability.

Child Support Modification After Losing a Job

In Florida, losing a job does not automatically mean that you are eligible to have your child support order modified. Several factors can determine whether you can modify your child support order. First, you cannot modify your child support order if your loss of job was voluntary. If, for example, you were laid off, terminated without cause, or the company shut down, your job loss would be considered involuntary. On the other hand, if you quit your job because you did not like where you worked or your work duties, your loss of job would be considered voluntary, thus barring you from seeking child support modification.

Second, suppose your job loss was involuntary. In that case, the court will consider whether you have made reasonable efforts to find another job. While your involuntary loss of a job may constitute a substantial change in circumstances, you must prove that you’ve made reasonable efforts to find another job. If you haven’t, your request for modification may be denied.

Third, the court may consider whether you have other resources to support yourself and your child while you look for another job. For example, do you have income-producing investments? If you do, your request for child support modification may not be granted until a reasonable time has passed without you being able to secure employment. While the court may require you to continue paying child support even if you don’t have a job, the court can’t allow you to reach a point where you are bankrupt or homeless.

If you can’t find work after a diligent search or have had to take a lower-paying job and don’t have other sources of income, the court may grant a temporary reduction in child support payments or suspend payments until you find another job.

Contact an Orlando Child Support Lawyer

For more information or legal help, contact our qualified Orlando child support lawyers at the Arwani Law Firm.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html