Can I Lower My Child Support After Losing a High-Paying Job?

Question from Screwed, Can I Lower My Child Support After Losing a High-Paying Job?

Answer from AI:

In New York, child support is typically calculated based on the income of both parents, with the non-custodial parent paying a percentage of their income, as outlined by the New York Child Support Standards Act. If you’ve lost your high-paying job and are forced to take a lower-paying position, you may be able to modify your child support payments, but several factors will influence this decision.

Key Considerations:

1. Change in Circumstances: To modify child support, you must demonstrate a significant change in circumstances. Losing a job, especially if it’s involuntary, may qualify, but you’ll need to show that you’re unable to find comparable employment.

2. Income Assessment: Courts often consider your earning potential and past income. If you’ve consistently earned $230,000, the court might still base support on that amount, especially if they believe you can find similar work.

3. Imputed Income: If the court suspects you’re underemployed voluntarily, they might impute a higher income to you, potentially keeping your support payments unchanged.

4. New Employment Evidence: Your new job at $40,000 annually will be considered, but you’ll need to document your job search efforts to show you’re trying to maximize your income.

5. Financial Hardship: The court may consider if your new income makes it difficult to pay the current support amount, but this isn’t guaranteed to result in a reduction.

Steps to Take:

• File a Petition: You’ll need to file a petition for modification with the court, providing evidence of your changed financial situation.
• Gather Documentation: Include proof of job loss, new employment, and any job search efforts.
• Consult an Attorney: A family law attorney can help navigate the legal process and present your case effectively.

Conclusion:

While it’s possible to seek a modification of child support, success depends on demonstrating a genuine inability to pay the current amount due to changed circumstances. Consulting with a legal professional is advisable to ensure you present the strongest case possible. For more information, visit the New York Courts website.