Financial obligations can be stressful to maintain, especially after becoming unexpectedly unemployed. After being laid off, many parents with child support orders worry about falling behind on payments and facing legal consequences. The good news is that Pennsylvania law allows child support to be modified under certain circumstances, like if you lose your job. However, certain requirements must be met in order to alter the terms. For more information, continue reading and consult with an experienced Montgomery County child support lawyer today.
What is Child Support?
Child support is a court-ordered payment designed for a non-custodial parent to contribute financially to a child’s basic needs. When two parents divorce or separate, the law emphasizes the importance of ensuring that the child does not suffer dramatically as a result. A child support order allows both parents to continue supporting a child’s housing, food, clothing, healthcare, education, and other needs.
Can Child Support Be Modified After I Lose My Job in PA?
For a Pennsylvania court to modify a child support order, there must be a significant change in circumstances that warrants an alteration. Changes that may qualify for a child support modification may include a significant reduction in income, the development of a long-term disability or illness, incarceration, and involuntary job loss or layoff.
If you were let go, it could count as a substantial change in circumstances. However, the court will evaluate whether the job loss was beyond your control and whether it significantly reduced your income. If you quit or were terminated for misconduct, a court will generally not approve a modification, as it is your fault that your income was reduced. Voluntary unemployment does not justify a reduction in child support. However, if you lost your job through no fault of your own and have been unemployed for a sustained period of time while attempting to get hired elsewhere, the court may approve your request for relief.
How Can I Request a Child Support Modification?
It is imperative that you do not stop making payments on your own. Child support does not automatically change when you lose your job, and you are expected to comply with the order regardless of your financial situation. Continue making payments or at least partial payments after getting laid off to show good faith and effort.
As soon as you lose your job, inform your child’s other parent and the court. File a petition for modification and provide supporting documentation to show your change in income. Pertinent information may include your termination letter, unemployment benefit statements, recent pay stubs or tax returns, proof of your job search efforts, and more. The court will require proof that your unemployment is involuntary and ongoing.
If approved, your financial obligation could be temporarily reduced or even suspended in rare cases. For more information and skilled legal advice, reach out to an experienced attorney at Cohen & Patel today.
