Can I Modify Child Support After Losing My Job in Tennessee?

Losing a job can put significant financial stress on any person, but especially parents who owe child support. Many people worry about falling behind on payments, incurring legal consequences, or damaging their relationship with their child. If you’re wondering whether you can modify your child support order after losing your job, it is important to fully understand your rights and options. Continue reading and work with an experienced Memphis, Tennessee post-judgment modification lawyer for skilled representation during your case.

Can I Modify Child Support After Losing My Job in TN?

Both a custodial and non-custodial parent have the right to request an adjustment of child support at any time. However, it’s important to understand that in order for a court to approve a modification request, there must be a substantial and material change in circumstances. The Tennessee Department of Human Services website outlines some valid changes in circumstances, which include:

• Either party has an additional child whom they are responsible for
• The child’s needs have significantly changed, for example, if they have become disabled
• A parent has been incarcerated
• Either party has a significant change in income

A significant change in income could stem from a variety of reasons, like inheritance, winning the lottery, changing careers, or job loss. Therefore, yes, you may be able to modify your child support order after losing your job. However, your unemployment must be involuntary (as in you did not quit or purposefully get fired) and sustained, meaning that you have been out of work for long enough that it warrants a modification. You must also be actively seeking employment.

It’s important to note that there typically must be a significant variance of at least 15% between the amount of support owed in the existing order and the new amount proposed.

How Can I Prove I Need a Modification?

In order to alter the amount of child support you owe, you must file a Petition to Modify with an appropriate court. With this petition, provide supporting evidence backing up your claim that you can no longer reasonably afford the amount owed.

Supporting documents may include your termination letter, unemployment benefit statements, records of your job search, bank account statements, and more.

What Happens if I Stop Payments Without Court Approval?

You should never stop making child support payments without approval from the court. Doing so could result in serious legal consequences, including charges and jail time for contempt of court. TN courts can take several enforcement actions, including:

• Wage garnishment
• Driver’s license suspension
• Liens on tax refunds
• Interest on arrears

To prevent these issues, notify your child’s other parent and the court of your unemployment right away, and continue making payments or partial payments to show good faith. For more information and to secure the help of a legal professional, reach out to an attorney at Rice Law today.