By Alexander T. Lewis of Duff & Kronfeld, P.C. posted in Family Law on Monday, June 12, 2017.
We often receive questions from individuals who have recently lost their jobs asking whether they still have to pay their court ordered child and/or spousal support. The answer is a resounding YES!
Following a job loss, even though an individual may be without the financial means to pay support, that does not alleviate their court-ordered obligation. If you have lost your job and need to adjust the amount of support you are paying, you must file a motion with the court to decrease the amount of support. There are a multitude of factors that go into the court’s determination of whether to decrease the amount of support you owe, and there are important differences between child and spousal support, including your income and the income of the person receiving the support.
It is significant to note that even once you file your motion to decrease support, you still must continue to pay the court-ordered support pending a final hearing on your motion. Should you fail to pay your court-ordered, the partying that is receiving support can file an action in court requesting that the court hold you in contempt and even that you be thrown in jail! Should any such action be filed against, it is important for you to immediately contact an attorney to discuss your situation.
If you find yourself in a position where your support obligation(s) need to be modified, or where the other parent is attempting to do so, contact an attorney at Duff Kronfeld & Marquardt, P.C. for a complimentary, 30-minute consultation at (703) 591-7475.