Everyone understands that the economy is lousy and the unemployment rate has skyrocketed. But, if you lose your job or if your child’s other parent loses their job, can child support be modified?
In a case where the burden of proof was “substantial and unanticipated change of circumstances”, the Appellate Court in the Second Department has said that the loss of a job is not sufficient to modify child support.
In Awaad v. Awaad, 62 A.D.3d 695 (2d Dep’t 2009), a father filed a petition in Family Court seeking a downward modification of his child support obligation due to loss of employment. Family Court granted the father’s application; however, the Appellate Division reversed on appeal, finding that the father’s loss of employment is not enough to pass the threshold of demonstrating a substantial and unanticipated change of circumstances such that his support obligation should be modified. Rather, the father must have provided proof to the Family Court of his good faith efforts to obtain new employment commensurate with his qualifications and experience to warrant a modification of his child support obligation.
If you have a written Separation or Opting Out Agreement, you have the same burden of proof that the Court addressed in Awaad. If you have a court order for support that is not based on an Agreement, you have a different burden of proof that can be much easier to meet.
