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What happens to child support when noncustodial parent loses their job?

On Behalf of | Jul 9, 2024 | Child Support |

Losing a job can be a challenging time, especially when child support is part of the picture. As a custodial parent, it is natural to worry about the impact of your former spouse’s job loss on the child support payments you rely on. In Florida, unemployment itself does not stop child support obligations, but it can have significant effects.

How job loss affects child support

Florida court calculates child support based on both parents’ income. If your former spouse loses their job, it may be possible for them to request a modification to their child support obligation. However, it is important to note that job loss alone does not automatically result in a reduction of child support payments.

Modifying child support

The court only considers modifications to child support when there are significant changes in the parent’s circumstances – job loss is one of it. If your former spouse seeks to modify their support obligations due to their unemployment, they must file a petition with the court that issued the existing support order. Your former spouse must prove that their job loss was involuntary, and that they are making a good faith effort to find new employment. If the court finds their request valid, it may temporarily reduce or suspend their child support obligation.

Protecting your interests

As a custodial parent, you have the right to know any changes in your former spouse’s financial situation. This includes job loss, change in income or any other factors that may affect their ability to pay child support. If you suspect that your former spouse is voluntarily unemployed or underemployed to avoid child support, it is important to seek legal help. An experienced attorney can guide you through the process and ensure the protection of your rights and your child’s best interests. They can help you gather evidence, file the necessary paperwork and represent you in court if needed.

Job loss is indeed a challenging situation, but it does not have to disrupt your child’s financial security. Understanding your rights and the legal process can help you manage these tough circumstances. Do not hesitate to seek legal assistance to protect your child’s best interests.