Losing your job can feel overwhelming, especially when you’re responsible for paying child support. If this has happened to you, it’s important to take action right away. Ignoring the situation can lead to serious legal and financial problems. Here’s what you need to know and do to protect yourself and stay on the right track.
1. Don’t Wait—Act Quickly
If you’ve lost your job, don’t assume the court or the other parent will automatically understand your situation. Child support doesn’t stop just because your paycheck does. You’re still legally responsible for the full amount unless a judge changes the order.
The most important step you can take is to file a complaint for modification as soon as possible. This tells the court that your financial situation has changed and that you need your child support order adjusted. In Massachusetts, the court can only go back and reduce your payments to the date you filed, so the sooner you file, the better.
2. Recalculate Child Support
It is important to consult with a Massachusetts family law attorney who will help you review the child support guidelines and calculate what you could expect to pay in child support after losing your job. Even if you are not receiving unemployment benefits, your child support payment will not be reduced to zero, so it is important that you understand what your payment could look like after your modification.
If you receive unemployment benefits, the Department of Revenue (DOR) may begin taking child support out of those payments at a level that does not correlate to your present income. While this can help you stay current and avoid falling too far behind in your payments, it can also mean that parents continue to pay child support at a level based on their previous income, despite a significant reduction in that income.
3. Gather Proof of Your Job Loss
To support your request for a modification, you’ll need documents that show what happened. This may include:
This kind of paperwork shows the court that your income has actually changed, and that the change wasn’t something you caused on purpose to avoid support payments.
4. Understand That Modifications Aren’t Automatic
Just because you lost your job doesn’t mean the court will wipe out your child support. The judge will look at your entire situation—your earning capacity, efforts to find a new job, and whether you’ve had other sources of income. If the court thinks you’re not trying hard enough to find employment, it may “impute” income to you at some level and order you to pay as if you were still earning.
That’s why it’s so important to have an experienced family law attorney by your side.
We Can Help
Attorney Rob Withrow has years of experience helping parents through tough family law matters, including job loss and child support modifications. He handles high-conflict custody and support cases and knows how to help you navigate the court system without making things worse for you or your relationship with your children.
Rob understands that co-parenting during hard times can feel impossible. His calm, strategic approach can help you avoid mistakes and find a long-term solution that works for your family.
If you’ve lost your job and need to change your child support order, don’t wait until you fall behind. Contact Rob Withrow at Mulhall Withrow at (781)-381-5287, or through email at rwithrow@MulhallWithrow.com to explore your options. We’ll guide you through the process and fight for a fair outcome that protects your future and your children.