I just got laid off, and I’m really concerned about keeping up with child support payments. I’ve heard that I might need a lawyer to get it modified, but I can’t afford one right now. I also heard that this isn’t considered an emergency by the court. Is that really true? How can I prevent the payments from stacking up while I don’t have income?
Attorney: You should file a motion to decrease your support, and it should be effective as of the date of filing. Just include an affidavit explaining the layoff and any unemployment income. That should get you a temporary reduction.
@Emma
Thanks. What happens to the support payments in the meantime? I’m worried it’ll keep piling up.
Layperson/not verified as legal professional. Are you paying through a state agency for child support? If so, report your unemployment to them, and they’ll tell you what documents they need to prove your reduced income. Even if you’re not, contact them anyway to start the reduction process.
Layperson/not verified as legal professional. You might be able to get it temporarily reduced. Just be aware that courts may calculate based on your earning potential, meaning they look at what you could potentially earn, not your current situation. Getting a new job quickly could be your best option.
@Ollie
In my jurisdiction, they wouldn’t necessarily impute income like that.
Layperson/not verified as legal professional. In Massachusetts, they usually consider layoff requests but might not make it immediate. Still, worth filing to show you’re making an effort to reduce it.
Layperson/not verified as legal professional. If you haven’t yet, consider talking to a family law facilitator in your area. Some offer low-cost services to help with filing motions like this.