for the last 12 years, child support payments have been on time. 1 year ago, I lost my job and since then I have been working as a temp on and off. However for the last 4 months I have not find any jobs at all and unemployment has expired so I do not have any source of income and my savings are going down very fast. I am desperate and I am nt sure if the court can give me a break until I find a job. With the health crisis the jobs have decrease and I am not getting no responses. I am a financial analyst with a degree in Finance and I am 58 yrs old. I am facing a very tough reality finding a job. What can be done in this type of situations?
As long as you can prove to the court that you cannot find a position commensurate with your past earning capacity, you should prevail on an application to the court for a reduction in support. You need to compile all your job applications and rejections. Also, if you worked with a head hunter that would help your case.
It is a complicated motion, so you best chances of success are with an experience Certified Matrimonial Attorney.
Dominic A. Tomaio, Esq.
Certified Matrimonial Attorney
Thank you for your question. I understand how concerned you are about your employment crisis and how to manage it especially given the Coronavirus pandemic. There is a Court process to seek a modification of child support by way of a formal motion. In such motion, the Court will determine whether a modification is appropriate. Mediation may be another option for you to pursue which can be further discussed during a consultation. I encourage you to schedule a consultation with an experienced family law attorney who can assist with the next steps with this matter.
These cases are fact sensitive. Do you have proofs of the attempts you have been making to find a job? What efforts have you been making to procure a job. That being said, under the current pandemic state, you need to contact a family law attorney in your area immediately.
So, you have posted a very timely and real question. The question does not allow a 1 sentence answer. There are many factors taht go into reducing child support on circumstances as you present. Yet, you have managed to identify many of the considerations that go into a reduction of child support. I strongly suggest that you act asap (as many individuals will likely be flooding the courts with similar claims - but on newer circumstances) and you do not want your application to be subsumed in the other applications. You should retain a quality and personable Family Law/Divorce/Child support Attorney.