As we endure the stress of the coronavirus pandemic, some people will be faced with the harsh reality of the economic consequences of a worldwide health crisis. Losing a job can be extremely stressful and emotionally trying, especially if you have primary residential responsibility for children or you pay child support.
If you are responsible for paying child support and have recently lost your job, you may be wondering how you are going to meet your financial responsibilities.
Do I Have to Pay Child Support if I Lose My Job?
Even if you are unemployed, you are still required to pay child support pursuant to the court order. If you miss any of your payments due based on an inability to pay, you will still be required to make those payments.
Unpaid child support is subject to interest. Failure to pay court ordered child support could also result in a Motion for Contempt, which could result in the payment of the other parent’s attorneys’ fees.
Unemployment & Child Support
If you become unemployed, you should immediately seek to file for a modification of your court imposed financial obligations.
Many people believe that they are close to securing another job, and they decide there is no need to file for relief from child support. In New Hampshire, the court can only grant you relief from the date your request for modification is served on the parent receiving child support.
If you do not file a motion to modify your child support obligation, then it will remain unchanged regardless of your changed financial circumstances. Further, it is a mistake to rely upon your ex-partner’s agreement that no child support be paid until you are re-employed. All child support modifications must be accepted and signed off by a Judge.
What If I Get a New Job?
If you file for a Modification and you secure a new job prior to your case being head, then you have the option to withdraw your Motion or to proceed with having the child support recalculated based on your new income.
If you are facing a difficult set of financial circumstances as a result of COVID or for any reason, then call the experienced lawyers at Brennan, Lenehan, Iacopino and Hickey to assist you in navigating the court system and ensure you are not paying more child support than you can afford.