Q: Can you modify child support with an active Supreme Court divorce/custody case when you lose your job?
I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in Supreme Court? My ex and I are still settling the divorce/custody and we have temporary joint legal custody of our kids with a split week schedule.
A: Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.
A: This is a question you need to ask your attorney. You can modify a temporary order from the Supreme Court, or a previous permanent order from the Family Court, but there are things you need to show the court to get a modification. You can not simply say you are unemployed or making less money. Talk to your attorney to get the proper strategy to get the modification.
A: The simple answer is yes, you can certainly make an application to modify a child support order during the pendency of a divorce. Stating you lost your job is generally insufficient to obtain a modification. You should consult with the attorney representing you in the divorce.
A: It can be done but a motion has to be filed with the court ASAP with your changed circumstances.
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