Modifying Child Support Based on Unemployment

Modifying Child Support Based on Unemployment

Sometimes parents who pay child support become unemployed. When this happens, they have the right to ask the court to modify their payments during this time of financial stress. Hiring a child support lawyer to assist you in this endeavor can be highly beneficial.

Child support orders are created and intended by the court to continue until the termination date. However, the law also appreciates that there are changes in circumstances that would warrant changes to these financial obligations. As such, they do allow parents in certain circumstances to request a modification. To file your modification request and increase your chances of being granted one, look to experienced Aurora child support lawyers.

Can Child Support Be Modified if You Become Unemployed?

Under C.R.S. 14-10-122(1)(a), there are two valid reasons for requesting a child support modification. These reasons are:

  • A significant and ongoing change in circumstances, specifically there must be a ten percent change in income and the change must be more than just a few months
  • The current child support order does not include a provision regarding medical support such as insurance and unreimbursed medical expenses

Involuntary unemployment certainly constitutes a ten percent change in income that could be indefinitely ongoing. Aurora child support attorneys can help you file a request to modify your child support based on your unemployment.

Can You Stop Paying Child Support or Change Your Payment as Soon as You Become Unemployed?

As soon as you know you are losing your job, contact our child support lawyers for help. The sooner we can file a petition with the court for a child support modification, the sooner you can reduce what you pay. In the meantime, continue to pay your child support according to the current order. If you stop paying or pay less than what you owe, you could face many legal and financial ramifications. Depending on your relationship with the child’s other parent, you might be about to agree on a modification that can begin immediately. However, the family court judge would still need to approve the order to make it official. 

The good news is that once your child support order is modified based on your unemployment, the judge can make it retroactive to the date that your petition was filed. Any payments you made between filing the petition and the modification hearing that were over what the new amount will be paid back to you. For example, if you paid $400 per month before you became unemployed but your new order requires only $100, and you paid that for one month, you would receive $300 back or in credit toward future payments. Your attorney can ensure that you are given due consideration for your new child support payments to be retroactive.

Do You Need to Modify Your Child Support Order? Talk to Aurora Child Support Lawyers

At CNL Law Firm, PLLC, we help clients from all walks of life with child support modifications after they become unemployed or lose their income for other reasons. We work hard to get you the results that you deserve. Remember that the sooner you reach out, the sooner we can help you reduce your payments. Call (720) 370-2171 or complete our online form to receive your no-obligation case evaluation with accomplished Aurora child support lawyers today. 

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