After losing a job, your child support payments obligation will not end automatically. To get a court’s release order, inform the court as soon as possible. Let’s know the after-effects of job loss on your child support payments obligation.
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Is it Mandatory to Pay Child Support After Losing the Job?
Usually, job loss does not release you from payment of child support. Even then, paying child support while unemployed in Canada remains effective. But considering the situation court may alternate the currently pronounced order of paying child support.
As child support is legally bound, you will require to continue payment. It shows that the consequences of losing your job don’t automatically end child support obligation.
If you are not conducting the matter legally, you will be held liable for child support non-payment. Thereby fine, imprisonment can arise as punishment.
Usually, child support payment is considered a mandatory order of the court. But, sudden job loss has an immediate impact on lifestyle. That also brings a bad effect on bearing the cost of children. Consequently, parents can appeal to the court to uphold the order of getting released from mandatory child support payment.
The order can be lifted as the court can modify any order based on legal consequences and necessities.
Until you explain the circumstances to the court, child payment counts as a mandatory obligation. If you contact the honourable court to let the court know about your current condition, modification of the previous order is possible.
Which Court Should You Go to?
The child payment order is a subject matter of family court. Therefore, you need to go to the family court first to solve the issue. Apply to the court from where the order was passed. Alternatively, you can go to the court, where you were doing the job.
If the order is passed from the supreme court division, go to the supreme court for the change of order. So, the family court is the main court of an application to change the order of children’s support.
How to Establish Your Claim?
You need to prove your good faith and right intention in front of the court. Just go to court in good faith to establish the claim. Good faith refers to a person’s honesty in conduct while making any legal agreement. If your motive supports children’s payment after divorce, the court may consider the order.
Sadly, the loss of your job has left no doors open for you. The result that makes sense of non-payment of child support.
You can claim for cancellation of the court’s order of child payment after losing your job legally. Proving parents’ intention is vital to establish the claim of payment reduction. However, you can hire a lawyer to complete the job on your behalf. To set the claim before the court, you need to show the actual documents of being jobless.
Moreover, the Reasons behind the loss of your job have to be proper. Then the court will decide the matter and may uplift the previous order.
How to Pay Child Support During Unemployment Time?
If the person voluntarily leaves the job, child support payment will continue. No further orders will pass by the court. Thus paying child support is mandatory until you get any alternative orders from the court.
During the unemployed period, parents need to know state policy about unemployment. If a parent can get unemployment benefits, a significant amount will go to child support.
However, during unemployment, non-custodial parents can get a court’s order in their favour. Although they will be free from paying children support during that particular period, this is only effective for a short time.
After getting a new job, child support payment will be mandatory again. You have to pay the due fees and the unpaid interest in that scenario. Due to compulsory obligation, the court will provide no release of payment.
Sometimes, some jobs offer children support instantly after ending the job tenure. In the circumstances like that, non-custodial parents must continue child support payments.
Final Thoughts
Children’s support payments are a mandatory obligation to the parents. However, it becomes a huge burden during the unemployed period. Luckily, you will have different ways to deal with the matter and have chances of altering the court order.
So, began the legal procedures immediately to see the positive effect of child support payment after losing your job. You can also take help from an expert child support lawyer.