Over the past year Connecticut has slowly started to get back on track when it comes to employment.  The state has continued to see employers seeking to hire employees, but there are still people remaining on unemployment benefits. Losing one’s job could affect a dissolution or custody agreement in a few different ways, but the most common issue that it impacts is child support.

It is common for someones weekly income to decrease once someone loses their job and begins to receive unemployment benefits. If you are the payor (person who pays child support), and your income has decreased, then you need to file a motion for modification as soon as possible. It is a common misconception that people think that if their circumstances change (receiving unemployment), they can unilaterally change the support payment. This is not true. The actual Court Order will not be modified without a pending motion. This causes numerous issues because then the payee (person who receives child support) is short on money, has not budgeted for it, and often wants to pursue contempt charges. The payor also often unknowingly accrues an arrearage that he or she will have to pay back over time.

There are also some other issues that will come into play as well: What if someone is now making minimum wage, but they are capable of a higher earning capacity.

  • Does this mean that they should be imputed at that earning capacity?
  • Should the imputed income be minimum wage or the salary they had prior ? Or a different earning capacity all together?
  • What if they voluntarily quit their job and are not even receiving unemployment benefits?

These are unfortunately common scenarios that we see regularly.  If you have lost your job and need to modify your support order, or if you are no longer receiving the support you are entitled to, you should consult with a lawyer to determine the best way to proceed.

To get control of your back child support situation, you may need the assistance of an experienced Connecticut family law attorney. Contact the Law Offices of Keith Anthony at (860) 333-6455. Attorney Keith Anthony can help you navigate thru this process, step by step.