Losing your job and income is always a stressful experience, especially if it happens seemingly out of nowhere. Unfortunately, this is a reality for many Americans – especially now as companies prepare for uncertain economic times. If you face this difficult reality, how would your child support payments be affected?
Are Payments Stopped If You Are Unemployed?
Payments will not automatically stop if you are unemployed. The court will not be notified of your unemployment. However, you do have the legal right to seek a modification of your child support payments. You are able to seek a modification in cases where major life events have prevented you from making your required payments. Sudden unemployment is certainly a qualifying event.
How To Request a Child Support Modification
There are two ways that you can request a child support modification in Utah – either through a motion or a petition.
In both cases:
- The modification must be requested three years or more after the initial order was set up.
- The modification must result in at least a 10% payment change.
- The modification must be permanent.
The main difference between a motion and petition is how the modification fits the guidelines. If the modification fits the criteria listed in the Utah Code 78B-12-210, it can be requested through a motion. If it is not consistent with these guidelines, the modification must be requested through a petition.
Has it been less than three years since your initial child support order was set up? Click here to see how the modification process changes.
How a Family Law Attorney Can Help You
Requesting a modification can be a confusing process. Working with a knowledgeable family law attorney can ensure that you get everything done on time and correctly, ultimately making the process of modification easier and quicker.
If you have recently become unemployed and need to adjust your child support payments, contact our team at Lokken & Putnam, P.C.. We can help you through the process of requesting the modification that you need.