I Lost My Job; Do I Still Have To Pay Child Support?
The State of Florida requires parents to support their children. To this effect, the courts order child support payments after parents separate or divorce. But what happens when a paying parent loses their job? Will the state come through and seize their assets or send them to jail? While failing to pay child support can result in serious penalties, you may be able to reduce your child support burden if you lose your job in Florida. In this article, the Tampa, FL child support attorneys at Faulkner Law Group, PLLC will discuss how the State of Florida approaches an individual with child support obligations who cannot afford to pay.
When can I modify or reduce child support payments in Florida?
Florida parents can only modify their child support payments under specific conditions. The parent asking for the modification must be able to prove that a material change in their circumstances justifies a change in the amount of child support they pay. For example, a parent’s illness, disability, or injury could lead to a reduction in child support payments. In addition, a change in the child’s needs, such as the need for special medical care or education, could also result in a modification.
Will job termination automatically result in a reduction of child support payments?
No, not necessarily. The loss of a job, however, is one factor that the court will consider when a petitioner asks to reduce their child support payments. However, losing your job does not automatically force the court to reduce or eliminate your child support payments. The judge will assess whether or not you are “employable” before granting a motion to modify child support.
In most cases, changes to child support must be caused by involuntary factors. A worker who is fired or laid off has a better claim to a reduction of child support than the worker who quit their job voluntarily. If you quit your job voluntarily, the judge can deny your request for a reduction of child support payments.
Workers who were fired may be asked if they have made reasonable efforts to secure other employment. If they haven’t, the judge may deny their petition to modify their child support obligations. The court requires the petitioner to make a good-faith effort to find another job and support their child.
The courts will also consider whether the petitioner has savings, income-producing investments, or other means to support themselves while they look for a new job. The court will order a change to child support only when there is a substantial change in circumstances. Those changes must be involuntary and permanent.
Talk to a Tampa, FL Child Support Lawyer Today
Do you need to petition the court for a modification of child support? If so, call the attorneys at Faulkner Law Group, PLLC today. We can help you file your petition and establish that you cannot make your current payments. Your child support obligation can be paused or reduced. Call our Tampa family lawyers today to learn more.
