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When marriage ends in divorce in New Jersey, the terms of the divorce depend on whether or not the couple have dependent children. While the marriage ends when the divorce is final, both parents will continue to have obligations to their children, to support their basic needs, growth and development, typically until they reach the age of 19. So what happens to child support when one parent is unemployed? A sudden change in one parent’s job status can have an impact on support orders, even after the divorce is final.
During a divorce, the determination of spousal support (alimony) is distinct from child support obligations. Child support is calculated using the New Jersey Child Support Guidelines, which considers many factors such as the income of both parents and combined net income, tax obligations and deductions, visitation, and shared parenting agreements.
The court considers these factors, and the unique circumstances of the family, to create the final support order. But final does not necessarily mean unchangeable. Sometimes in life, we face a curveball.
When even the best plans are suddenly not enough: child support and unemployment
Your attorney will take great care to create support agreements that promote the well-being of your family, but those agreements may need to be revisited in some cases. For example, a sudden loss of income due to unexpected unemployment applies new pressure to support agreements that were previously in place. Child support, when one parent is unemployed, is not automatically and immediately adjusted, but unemployment can be a reason to modify child support if the court can be convinced that the resulting difference is significant.
It is possible to petition the court to modify the support order when child support and unemployment combine to create an abrupt new reality for a custodial or non-custodial parent. A significant and involuntary change in income is an acceptable reason to request modifications to the support order. The court will consider the reasons for the loss of income or employment, earnest efforts to seek new employment, any severance pay or compensation for the unemployment, or any significant change in health status that impacts employability. As much as possible, the goal is to maintain a consistently fair amount of child support, even when one parent is unemployed.
It should be noted that when the court considers modifying child support, voluntarily underemployed or unemployed parents can be imputed income. This means that you cannot, for example, quit your job – or take a job for which you are overqualified and underpaid – and then ask the court to reevaluate child support because you have less income. In effect, the court will credit you with an amount you reasonably could be expected to earn, and use that amount in its calculations for child support. The result could be a reduction in the support you receive from your ex-spouse.
This is in contrast to how the court views child support and unemployment that is involuntary. As long as an involuntary and substantial change in income has occurred, and the change was not previously addressed in the original support order, the court may agree to a modification.
A significant change in circumstances, such as modifying child support when one parent is unemployed, is not the only reason that the court might revise a support order. Routinely, parents can ask the court to revisit the support order every three years, in order to review the incomes and living situations of each parent and child.
Is child support affected if the mother, or father, are unemployed?
For all parents who are responsible for support payments, paying child support when unemployed can feel overwhelming. Traditional roles for parenting, with the bulk of childcare responsibilities handled by a child’s mother, are not as relevant to New Jersey law as they once were. In the past, the courts worked on the premise that in many families, mothers took on the role of the stay-at-home parent. In fact, in 1970, that was the case for about half of all New Jersey families.
Today those traditional lines are often blurred, with only about 3 percent of couples choosing to have one parent stay home with their children (of those families, stay-at-home moms outnumber dads three to one). So questions about child support based on the traditional norms – How does child support work if the mother has no job? Can I get child support if the father is unemployed? – are likewise becoming less relevant.
Whether the issue is child support for an unemployed mother or child support for an unemployed father, gender is less important than the determination of a custodial or non-custodial parent. A custodial parent is the parent that lives with and cares for the child most or all of the time, while the non-custodial parent might care for the child in their home on a limited basis or only have visitation rights. According to the most recent U.S. census, mothers were the custodial parent about 80 percent of the time, but the number is trending slightly downward, meaning it is slowly becoming more likely for custodial parents to be fathers.
But regardless of gender, if the non-custodial parent is receiving unemployment benefits or workers’ compensation benefits, they can be applied toward child support. The Child Support Program through the New Jersey Department of Labor can take child support out of these benefit payments.
When an unexpected job loss affects the support of a family after divorce, there are ways to minimize the stress and, with proper legal guidance, achieve a softer landing. The Family law attorneys at DeTorres and DeGeorge, New Jersey child support lawyers, can answer your questions about child support and unemployment. Contact us today to schedule a consultation with one of our attorneys.
Frequently Asked Questions
What do I need to know about the enforcement of child support in New Jersey?
The payor’s wages are typically garnished, and then the County Probation Department receives the payment and distributes it to the custodial parent.
In some cases, the New Jersey Child Support Enforcement Program can take enforcement action when court-ordered current or past-due support is not being paid, or court-ordered health care coverage for a dependent child is not being provided.
Do you pay child support if you are unemployed? Can child support be taken from unemployment in New Jersey?
Yes, the state can enforce rules when families are impacted by both child support and unemployment. If the non-custodial parent is receiving unemployment benefits or workers’ compensation benefits, the Child Support Program through the New Jersey Department of Labor can take child support out of these benefit payments.
If a parent remarries, does the income from a new spouse affect the support order?
A new spouse’s income is not considered for child support because he or she has no legal obligation to provide support to the child.
Is it always necessary to get the court involved in modifying child support?
Sometimes, modification can be achieved through negotiation. It’s important to have a family law attorney represent you in this process so all qualifying factors are considered. If negotiation doesn’t give you the desired result, your attorney can file a motion asking the court to adjust the amount of child support if unemployment puts your family at risk.
