When spousal support and child support are assigned or agreed to, it is done so making assumptions that the person paying will continue to have a similar amount of income. What happens when the parent who is paying can no longer afford it? For example, what if they lose their job? Find out what happens in this situation and if you need the advice of a family law attorney, contact Law Offices of Torrence L. Howell at (909) 920-0908.
Losing Your Job Does Not Automatically Mean You Will Not Have to Pay Child Support or Alimony
It may seem that losing your job should mean you are not responsible for paying alimony or child support but this is not always the case. Depending on the situation, your obligations could be reduced or done away with but you would need to petition the court for a modification. You would then need to provide evidence that you have lost your primary source of income.
In the event that your ex aggress to the modification then it will likely be fairly simple. However, if they do not agree then you may have to file a formal modification that requires a hearing, which allows your ex to say why you should still be expected to pay the full amount.
Factors the Court Will Consider When Determining Modifications
If the case goes in front of a judge, the judge is going to consider a variety of factors including:
- Whether or not the job loss was voluntary. If you quit just to avoid your spousal or child support obligations, you will likely not get a modification.
- Whether or not you have another job. If you have another job that that income will be taken into consideration.
- Whether or not you have another source of income. Even if you do not work, if you have investments, income from rental properties, or other forms of income, the court will take this into consideration.
The answers to the above issues – and the way those answers are presented – can have a big impact on the court’s decision. This is one reason that you need to have a family law attorney on your side. When you work with Law Offices of Torrence L. Howell we will find the best possible way to show the judge that you are not able to meet your obligations due to your job loss. Call us at (909) 920-0908 for your free case evaluation.