Divorce for Unemployed and Underemployed Spouses

What Happens to Child Support if My Ex Becomes Unemployed?

When a person who is responsible for paying child support loses his or her job, it can create significant complications for everyone involved. For the payor, it creates a debt that he or she is no longer able to pay. For the recipient parent, it puts much-needed income for the children's care at risk.

The parents on both sides of these cases have legitimate concerns that need to be addressed. These can be complex legal issues, and it is important that they are handled by lawyers who understand the law and have the ability to protect either parent's interests. At Lasiter & Jackson, we represent clients throughout the Phoenix area in all aspects of child support law.

Understanding Your Options

If you are the parent who is receiving child support payments, there are a number of important considerations. First, the other parent loses his or her job, the court can still order child support based on full-time earnings at minimum wage or potential earning ability. Just because he or she is not working, it does not relieve the obligations to pay child support.

For unemployed and underemployed spouses, a separate set of options and legal issues exist. The first thing you should do is to seek a modification of the child support order based on the decrease in income. When you return to work, it is important that you find the best possible job based on your experience and skill set.If the other parent feels that you are not making as much money as you are capable of, he or she can petition the court to order child support at the level of your earning ability.

Discuss Your Questions With an Arizona Child Support Attorney

Contact our office today to discuss your questions about child support issues involving unemployed and underemployed spouses.