When the court determines how much child support you need to pay, they consider your income. The goal is to fairly distribute the financial burden of raising a child. This calculation is based on your disposable income and overall earnings.
However, financial situations can change. Suppose you lose your job five years after your divorce. You can no longer afford the child support payments, and they no longer reflect your current income. Does this mean you can stop making payments?
You need to have the order modified
Job loss can significantly impact your child support obligations, and it may become impossible for you to pay as originally ordered.
However, that does not mean you can simply stop making payments. Doing so would be a violation of the court order.
Instead, you need to petition the court and provide evidence of your changed financial situation. You can demonstrate that you are now earning far less and request a modification of the child support order to reflect your current circumstances. If the court grants the modification, your child support payments could be reduced or eliminated entirely.
However, you must obtain the modification first. If you stop paying without court approval, you could be held in contempt for violating the order. Always attempt to continue making payments while navigating the legal system and requesting that modification.
Taking the proper legal steps
As you can see, it is crucial to follow the correct procedures. Understanding the legal steps to take when addressing child support or custody issues is necessary, so it can help to work with an experienced law firm at this time.