![]() ![]() To qualify for a court-ordered reduction in child support payments while you are out of work, you must not be intentionally unemployed or under-employed. Imputing Income: Quitting Your Job to Avoid Child Support Obligations If you are able to secure an agreement or court order to change child support, ensure that the Family Maintenance Enforcement Program (“FMEP”) is notified if it has been involved in the enforcement of the existing child support order or agreement. If you stop paying child support, arrears will begin to accumulate. If you quit your job and take no steps, your child support obligations continue unaltered. You can bring an application to ask the court to reduce or eliminate child support payments on the basis that there has been a change in income or circumstances (i.e., job loss) that did not exist at the time the original Separation Agreement or court order for child support was made.It may be possible to negotiate a temporary agreement with the recipient parent to make reduced child support payments for the period of time that you are out of work.You must take steps to change or cancel child support obligations: If there has been a significant change in your income since the original child support order or Separation Agreement was made, a reduction is not automatic. Reduction in Child Support Is Not Automatic If You Quit Your Job It may be that you do not qualify for a reduction in child support payments until the end of the period covered by the severance package (and at that point, if you have not found new employment income may be imputed to you – imputing income is discussed below). So, for example, if you received a severance package when you lost your job, the amount you received will be relevant to the calculation of income for child support. In all cases, financial disclosure is important. (If your ex is claiming that you now owe more child support because they have been laid off, fired, or quit their job, talk to an experienced family lawyer about your rights, obligations and options as soon as possible.) In this situation, a loss of employment by either parent may warrant a reconsideration of child support obligations. If you split or share custody of the children, child support is typically calculated based on both parents’ incomes. The same is true if you quit your job and have found a new job that pays much less. If you quit your job and have no current income, this may justify taking steps to secure a reduction in child support. Child support is typically calculated using the payor parent’s income in the previous year, but current financial means can also be considered. If your employment situation changes, it may warrant a change in child support obligations. ![]() Quitting Your Job: Child Support and Changes in Income ![]() If you quit your job, your income will obviously be impacted – but the big question is this: will quitting your job reduce child support? The answer is that child support obligations may change if a parent’s financial circumstances change, but that is not always the outcome and a reduction in child support obligations will not happen automatically. Child support payments are calculated using the Guidelines based on a parent’s gross annual income. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |