Modifying Child Support After a Job Loss in Florida
The sudden loss of employment can present immediate economic hardships, particularly if one has children and is obliged to make payments for their upkeep and maintenance. Losing employment does not necessarily mean that you can stop making child support payments; however, Florida law allows you to modify your child support obligation if your financial situation has radically changed.
Child support does not change automatically
Perhaps the biggest misconception is that child support obligations are always reduced when a parent loses their job. The truth is that the existing arrangement will be binding until a judge grants an official modification of the order.
By failing to receive such a modification and simply ceasing to make payments, you will face accumulating child support arrears, which can eventually result in wage garnishment, revocation of your driver’s license, seizure of tax refunds, and more.
That is why it is absolutely vital to request a modification after a change in financial situation.
When can child support be modified?
According to Florida law, child support payments can be modified in cases of substantial, material, and unforeseen changes in circumstances. Job loss falls into this category; however, the cause of the unemployment will be analyzed in detail by the court.
For instance, job loss resulting from company-initiated employment cuts is considered more favorable than voluntary termination of employment. The duration of unemployment and its effect on the parents’ ability to fulfill financial obligations will also be taken into account.
In general, the parent who seeks the modification should prove the necessity of changing the current order.
Voluntary versus involuntary unemployment
An individual’s voluntary vs. involuntary status could make an enormous difference in a modification request. If a parent chooses to quit a well-paying job without a valid reason, the judge could deem the individual voluntarily unemployed. In this instance, the court will “impute” income, meaning the child support calculations will be based on the parent’s earning potential rather than their actual income.
However, in the case of an involuntary loss of employment by an individual who is actively seeking another job, the court will most likely take into account a reduction in the support payment.
Documentation is critical
For parents to have grounds for modification, they must be prepared to produce documents supporting their claim. These include:
- Termination or lay-off letters.
- Current pay slips and tax returns.
- Information on unemployment benefits.
- Documentation of job searches and interviews.
- Financial affidavits to show current financial status.
Having accurate financial information will help determine whether a modification is necessary.
Act quickly to protect your rights
Losing your job can cost you a lot of money since you would have to wait until you file for a support modification. Even though the court is able to change the amount of child support you need to pay, it is usually unable to change the past due payments.
A professional attorney with experience in the field of family law in Florida is able to analyze your case and file all the documents necessary for you to get a modification of child support in Florida.
Contact a St. Petersburg, FL, Family Law Attorney Today
The Law Office of Kevin F. Coleman represents the interests of St. Petersburg parents looking to modify their child support payments. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your case right away.
