A divorce brings a lot of uncertainty to your future, particularly when it comes to your finances. After the dust settles, many divorcees have to contend with a decreased family income as well as new potential obligations such as child support or alimony/spousal support.
With the current economic downturn as well as continued lay-offs across small and large companies, financial anxiety remains at the forefront for many soon-to-be-divorced individuals. To help address some of this uncertainty, we’re dedicating this post to a quick overview of how a sudden job loss and unemployment in general might impact child/spousal support in California.
Job Loss and its Impact on Child or Spousal Support
The short version is that yes, generally a job loss will impact the terms of child or spousal support in CA. If the person with the payment obligations loses his or her job, this will lead to a reduction in payment. In contrast, if the other party who receives the support loses their job, the payment could increase for the payer. Unemployment in general will also have a similar effect, as the family law courts consider each party’s ability to provide and pay when assessing how much child/spousal support should be granted.
However, the actual impact in every unique case isn’t as simple to quantify. This is because the family law courts look into a variety of other factors as well. These additional variables can include future earning potential/capacity for both parties, ability to pay or cover expenses based on alternative sources of income, the amount of time that each parent spends with a child, how much each party had “invested” into the marriage, and more.
While unemployment and job loss are likely to impact the outcome of your divorce agreement, the extent of this is hard to pinpoint without counsel from a qualified legal expert.
Requesting a Modification of your Divorce Terms in CA
When you or the other party experience job loss or unemployment during the divorce proceedings, you can usually expect the family law courts to account for this. But what about in cases where this happens after a resolution has been reached, or what if there are significant changes to the financial situation for either party?
The family law courts allow for modification of child support, alimony, or almost every other aspect of your divorce agreement if there is justification for doing so. In order to make this request however, you have to file a petition with the courts and come prepared to argue your case. In most instances, you can also expect a fight from the ex, especially if he/she does not have a history of being cooperative.
Whatever the specifics to your case might be, you need a qualified divorce attorney to help maximize your chances of reaching a fair and equitable resolution. At White Oak Law, our team of family law attorneys work hard to advocate for our clients and have the experience required to navigate any family law matter including modification requests for child support/alimony.
Learn more about how we can help by calling us today at 925-271-0999.