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Family Law Blog

Do You Need to Pay Child Support If You Are on Unemployment?

Friday, August 28, 2020

Hard times have hit everyone after the pandemic-caused economic dip. While things are slowly recovering, there are many who are still on unemployment and filing for it after businesses fail to recover from their loss in business. This can be a difficult time but is made even more so if you have child support payments to consider.

Unemployment Benefits

If you are on unemployment benefits, you will still be expected to pay your child support. Failure to do so can result in a court action that will often result in you paying even more punitively. The good news is that if your unemployment benefits prove significantly lower than your previous income, the courts will consider this. They may lower your expected payment until you can resume work. Once that is done, your current pay will be examined, and the payments will be readjusted again.

Child Support Payments

If you have lost your job and are ineligible for unemployment, your child support payments may be temporarily stopped, but that doesn't mean you won't pay. What happens is that the court will want you to document your ongoing job search to prove you are looking. Once you have found a new job, your child support payments will resume. They will also likely be higher as you make up for the missed payment from your period of unemployment. This is why if you have some savings during an unemployed period, it may be better just to continue payments. Especially if you expect your job search to be a short one.

Learn More About Paying Child Support If You Are Unemployed

Do you have child support payments and a difficult financial situation? Are you getting ready to go through a divorce? We can help. Contact us today to let the professionals at the Law Office of Jamra & Jamra help you with all your complex family law issues so you can get the best possible results.

Can a Pandemic Force Modification of Your Parenting Plan?

Friday, August 21, 2020

COVID-19 has had a profound effect on the world, and that extends into the sphere of family issues and family law. While you likely prioritized the safety of your child over any plans put in place by the court during the pandemic, with the loosening of the restrictions, you may find push back when it comes to adhering to what was set in place.

Contemption 

One of the biggest issues that some families will face now is having one party willfully neglecting the previously stated parenting plan. In many cases, parents put aside their differences and agreed to suspend the previous agreement to keep their children healthy. However, now that the world is getting back to normal, some will find that the other parent is not willing to go back. What do you even do then?

If there is no quarantine in place, neglecting the set parenting plan is contempt. You can then take your ex-spouse to court where the judge will weigh in on their willful contempt of a court-set parenting plan. The judge will examine the circumstances that have been going on. For example, if your ex-spouse was exhibiting signs of COVID-19 and refused to be tested, you will not be held in contempt for not following the parenting plan. You were prioritizing the health of your child just as the judge would have ordered. However, if they found that they were tested, and it was negative, yet you were still not complying, then the judge may order sanctions, make up time, and attorney fees to be paid.

Learn More About How the Pandemic Changes Your Parenting Plan

Do you have an ex-spouse that you feel is violating your parenting plan? We can help. Contact us today to see what Jamra & Jamra can do to help you get your family back to normal and make sure all your family law problems are handled safely and professionally.