If you are a single parent, things are already quite tough for you in this world. On top of that, being unemployed can be extremely stressful and scary.
Do child support and unemployment go smoothly beside each other? How does losing a job affect your ability to pay child support? Answers to all these questions can be quite tricky and a blessing as well. You must remember that as a non-custodial parent, you are paying the monetary amount for your child’s better upbringing.
As a result, it is important to know how legal rules change when you lose your job. You may be able to enjoy certain benefits in child support if you are suddenly and unfortunately, unemployed.
Child Support and Unemployment: The Effect of Losing Your Job
Divorce, child custody, and child support are some of the most difficult things in your life. If you lose your job all of a sudden, things will definitely get more stressful. The major effect of unemployment will fall on the child support amount.
There are 2 main things considered in determining child support. One is the individual income of each parent, and the other is how much time each parent spends with the child. As you can see, the amount of income you generate from your works is extremely important.
First and foremost, it is significant to realize that you will have to pay child support even when you are unemployed. Moreover, you may end up facing legal charges if you stop paying child support due to the loss of a job. Therefore, the best option is to file a complaint in court. You should let the court know about your employment status. In addition, you should file a request for modification of the child support amount.
In case you do not file a complaint, you can never stop paying the amount fixed by the court. If you stop paying, the other parent can issue a complaint against you. This will eventually cause you to pay the due amount altogether. You may even be punished for not paying your due diligence.
Determining the Child Support in an Unemployed Status
When you are unemployed and bound to pay child support, several factors can alter the amount. The court will look into several other factors to decide whether there should be an alteration or not.
Child support for unemployment
The first thing you should remember is that the court will analyze and look into your unemployment thoroughly. Representatives from the court will analyze the reasons for unemployment. In addition, they will check whether you are taking significant measures to get back on your feet.
Of course, the court will not consider the case of you leaving the job to avoid paying the child support your child needs.
For instance, you may have been earning $50,000 before and decided to take a low-paid job. The court may look into the facts and decide for you to pay the exact amount when you were earning $50,000. The most likely probable situation that can go in your favor is losing the job due to some form of illness, physical injury, or outbreak of disease.
As a result, it is absolutely crucial to filing a modification case in court. If you have a strong case and proper evidence of losing your job, you can easily get it by paying a lesser amount of money.
Moreover, you need to show that you have been proactive in finding a job. The court may decide other forms of payment like community work, child-care system, or other activities.
Does Unemployment Pay Child Support: How to Modify the Amount
There are obvious benefits of proving your unemployment so that the court can modify the child support amount you pay. However, you will need to fight and portray your case properly. Here are the things you should follow.
Check your eligibility
To be eligible for unemployment benefits, your first act of defense should be to file a complaint. You are eligible if the court deems your unemployment status to be authentic. The court will need to know that there are genuine reasons for your unemployment.
Some of these reasons have already been mentioned above. The court also needs to prove that your job-hunting is ongoing, but you are failing to land a proper job.
As already mentioned, the child support amount may be altered into something that suits both the court and the custodial parent’s preference. Once you can ensure the court and the other parent about your employment status, the situation may get easier for you.
Communicate with the custodial parent and the court
Before a judge from the court decides on the modification, you must go for an agreement with the other parent. As a result, it is important to communicate with the custodial parent clearly.
It is also significant that you provide enough information to the other parent of the child. The parent needs to be fully convinced that your situation is an emergency. You have been looking for a job, and you had left your old job for proper reasons. If you have been sacked, you should definitely provide proper information on that as well.
The key benefit of communicating properly with the other parent is that it allows you to convince the court about your situation. As a result, it can be beneficial to involve a professional lawyer to carry out conversations and negotiations with the custodial parent.
Ensure the child’s health benefits
When you lose your job, you also lose health insurance money. One of the key areas of child custody is ensuring health benefits support. If you are unable to provide that, you should ensure other areas of child benefits.
The best option is to communicate with the other parent. In this way, you can tell the parent to consider other options for the child’s health benefits. For instance, the parent may be able to add the child’s health benefits to the parent’s health insurance. Moreover, the custodial parent can apply for insurance plans that are federally funded.
Hire a professional and skilled lawyer
Negotiating and communicating with the custodial parent can be complex. You will have already gone through a separation. The fight itself is quite hectic. On top of that, you will have to prove your unemployment status with numerous pieces of information evidence.
As a result, it is the best option to add a professional lawyer to negotiate with the other parent. The lawyer will help you in gathering valuable evidence and witness.
Moreover, the lawyer will be able to talk on behalf of you. Therefore, lawyers can help you in guiding you towards the correct path in an easier way.
Separation from parents is really horrifying and saddening for the child. When one parent has been deemed to support the child’s upbringing by providing money allowance to your money to raise their child. If you lose your job in this situation, the road can get even bumpier. So, you should inform the custodial parent and the court about your situation.