Losing your job doesn’t automatically stop your child support payments in New York. Unless a court order specifies otherwise, you must continue to make payments. However, unemployment can be grounds for modifying your existing child support agreement. To understand how to potentially change your child support order if you lose your job in New York, please continue reading and contact a knowledgeable Nassau County Child Support Lawyer today.
How is Child Support Determined?
First and foremost, it’s crucial to understand that child support is a court-ordered payment, typically made by the non-custodial parent, to help cover the child’s living expenses. It serves as an essential resource for children whose parents no longer live under the same roof.
The New York Child Support Standards Act (CSSA) governs New York child support calculations. This provides a specific formula to determine child support obligations, considering the parents’ total income, the number of children requiring support, and other relevant factors. The court will consider the following when determining a child support order:
- The child’s age
- The child’s needs
- The standard of living
- The cost of healthcare
- The financial status of each parent
- Childcare expenses
- Any debts assumed by either party
- Any special needs of the child
- Voluntary unemployment or underemployment
What Happens if a Parent Loses Their Job & Can’t Pay Child Support?
It’s important to understand that a child support order is legally binding, meaning that once it has been issued, the parent ordered to provide financial support must adhere to the terms until it’s modified or terminated by the court. Non-compliance with the court order can result in numerous enforcement actions, such as income withholding, driver’s license suspension, or even imprisonment for contempt.
If you have recently lost your job or your income has decreased, you cannot simply stop paying child support. As such, taking immediate action is crucial to avoid falling into arrears and facing potential legal consequences. You should consult with an experienced attorney who can help you petition the court for a modification of your child support order. You will need to demonstrate that you have experienced a significant change in financial circumstances. The court will examine your situation and may adjust your payment based on your current income and the needs of your child.
You should communicate openly and honestly with your child’s other parent about your financial situation. However, any agreements made between parents to temporarily reduce or suspend payments are not legally enforceable unless it has been formally approved by the court.
If you need assistance with any matter relating to child support in New York, please don’t hesitate to contact a determined attorney from The Law Office of Eyal Talssasazan, P.C., to discuss your rights and options. Connect with our firm today so we can help you navigate this complex process.
