Is it possible for my child support payments to be increased while I am unemployed?

Even though you are in a situation where you have voluntarily terminated your employment and currently do not have a regular income, this does not automatically mean that the court will be unable to rule in favor of increasing the child support payments. When determining the amount of child support, the court takes into account multiple factors that extend beyond a parent’s current employment status.

1. The child support obligation is not bound to the parent’s current income: The primary criterion for determining child support is not exclusively the amount of the parent’s current income, but also their potential to earn an income. This means that if you have decided to become voluntarily unemployed or to change careers, the court may consider whether you have the capacity to become employed again and what your potential earnings would be if you were working.

2. The capacities and capabilities of the parent: The court assesses the capacities and capabilities of each parent. This implies that even if you currently have no income, the court will consider whether you would be capable of working should you decide to return to the labor market. In cases of voluntary unemployment, the court may base its decision on your previous earnings and qualifications, whereby it may impute your potential income.

3. The needs of the children: One of the most critical factors in determining the amount of child support is the needs of the children. If the costs associated with their upbringing have increased—for instance, due to health, educational, or other necessary expenses—the court may rule to increase the child support. Independent of your unemployment, the needs of the children will always remain a priority.

4. No reduction of child support on the grounds of voluntary unemployment: As a general rule, the court does not accept voluntary unemployment as a ground for reducing child support. Your intention to change your life direction or a career break may not be deemed a sufficient reason for failing to fulfill your child support obligation in full. Indeed, the court presumes that you are capable of seeking new employment or alternative sources of income in order to secure the needs of your children.

5. Periodic modifications of child support: If your former partner has petitioned for an increase in child support, the court will analyze your current financial situation and compare it with the previous one to ascertain whether material changes have occurred that would justify an increase. Once your situation stabilizes and your income increases again, it is probable that the court may adjust the child support to correspond with your new financial capabilities.

Our law firm possesses extensive experience in resolving child support disputes and stands ready to assist you in defending your interests. Together, we can analyze your situation, prepare an appropriate defense strategy, and ensure that a fair decision is reached regarding the child support matter. Do not hesitate to contact us; we will be pleased to guide you through the entire process.