Legal Question in Family Law in Indiana
laid off and paying support
I have 4 children that I have been paying child support for the last 5 years. I worked at Conseco and was one of the 200 employees laid off. I will be drawing unemployment until I find another job. Under the circumstances is it possible for my support to be lowered?
1 Answer from Attorneys
Re: laid off and paying support
A payor parent who loses employment needs to immediately petition the court to modify his support due to the loss of income. Otherwise, the support continues at the original amount regardless of ability to pay. Once the petition is filed, when the hearing is held, the court will go back to the filing date and at least temporarily reduce support based on the unemployment income and probably have you back in court in 2 to 3 months to see if you have obtained employment. If you don't file the petition, then the custodial parent can file a contempt against you for non-payment of the full amount. If you believe you cannot afford an attorney, at least put your cause number on a piece of paper and write a short letter to the judge requesting a modification of support due to unemployment and take it to the court.