Uh Oh, Lost My Job, Can’t Pay Support!

Child Custody and Support

New Jersey court’s answer to this: likely you have to anyway, and failure to do so can have serious consequences. A temporary change of circumstances does not warrant the reduction or elimination of child or spousal support. It can trigger a hold on strict enforcement.  However, to demonstrate that your ability to pay is permanently changed requires an analysis of what attempts you have made to get jobs in your previous industry, your ability to work, your ability to make the same income, any voluntary underemployment, and assorted other factors.

The most common reason we send people away dissatisfied from a consult is because they come in believing that a 1-3 month unemployment means a permanent change that should reduce what they owe.  Most commonly, that is not true.

Currently, jobless rates are set to go up significantly. Courts will certainly be likely to entertain many requests to hold enforcement or for temporary reductions in payouts, but less likely to consider this a permanent change that requires a permanent reduction.

If you need to know if you have a chance at changing your support amount or qualifying for reduced enforcement, please call for a free phone or video consult with Jarred McCart, who can help walk you through this complicated area of New Jersey law. 856-227-7888.

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