Carlsbad Family Law Attorneys
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Paying Child Support When Unemployed

Child Support Obligations Do Not Go Away

Losing your job is difficult enough, but it can feel downright impossible when you also have to worry about paying child support. If you are struggling to make ends meet because you lost your job, you may be wondering if there is any way to get out of paying child support. You are still responsible for making those payments even if you are unemployed; however, you can seek a modification to those child support payments if your situation warrants such a change.

Child Support Modification

When a parent loses their job or becomes unemployed, they may petition the court to modify their child support payments. In California, parents must prove a few things to have a modification granted, specifically that a significant material change in circumstances has occurred.

For example, the petitioner must show that they have made a good faith effort to find new employment and that their current income is less than what it was when the child support order was originally made. The court will also look at the other parent's income to ensure that the modification is fair and equitable.

However, know that modification is only possible if you did not voluntarily leave your position to avoid child support payments. If you were laid off or terminated from your job involuntarily, the court will likely grant a modification to a child support order.

It's also important to note that a modification is not immediately granted upon filing the petition; this means that the amount you owe in child support does not change until the court grants your modification request.

Get Help from a Child Support Attorney

If you believe your circumstances may warrant a modification to an existing child support order, be sure to talk through your situation with a family law attorney. At Griffith, Young & Lass, our team can help you work through the courts and file for a modification in order to meet your needs.

Learn more about child support modification in California or schedule a consultation with a member of our team by calling us at (858) 371-5569 or by visiting us online.