Is Child Support and/or Spousal Support (Alimony)Automatically Modified if I Become Unemployed?

A child support and or a spousal support (alimony) order is not automatically modified if you lose your job.  That's why it's important that you obtain amodification of your current Court order.  This can be accomplished with a Stipulation (an agreement with the other party) or by filing a request to modify the order with the Court.  It is important to file your request right away so the Court has the ability to make the order retroactive; the Court can only make the order retroactive to the date of filing, not the date you lost your job.  Contact Claery & Green, LLP today and speak with an attorney about modifying your child support or spousal support today!


Nicole Negron
Attorney at Law
Claery & Green, LLP

Family law encompasses a wide variety of legal issues such as: child custody, support payments, divorce, domestic partnerships and restraining orders. As a family law attorney you are called upon to act on behalf of your client during what is often one the most troublesome times in their life. The stakes and emotions are extremely high and your rights must be protected.  

That is why my number one objective is to be a zealous advocate for my clients' rights. As a zealous advocate, it is my job to effectively communicate with my clients to develop the important facts, apprise them of the law, and keep them continuously updated about the status of their case. As a zealous advocate, I am ready to fight for my clients' rights until the very end.

The family law court system can be very frustrating. If you or a loved one is involved in the system, you need a zealous advocate to help you fight your way through.    

Kyle Puro, Attorney at Law
Claery & Green, LLP

Few things in life ever remain completely the same. In regards to family law in particular, it's not uncommon for things to change in the years following a divorce. Parents might be earning a different level of income, they may have suffered a serious injury or have been diagnosed with a debilitating illness, or they have remarried or relocated to another city or state. Fortunately, family law judges recognize this, and are often willing to change a court-order after a divorce has already been settled. When a judge agrees to change or amend an existing divorce settlement or court order, it is referred to as a post-judgment modification.

There are three main types of post-judgment modifications:

• Child Support Modifications
• Child Custody Modifications
• Spousal Support Modifications

As a general rule, people must prove that a significant change in circumstances has occurred that warrants amending an existing court-order. This might include a sudden injury, a death in the family, an unexpected job loss, a remarriage, or a medical condition that makes it difficult to work or care for children.

If you are interested in modifying a court-order, but are unsure of how to go about it or whether or not you even qualify for a modification, please feel free to consult a Los Angeles divorce attorney at Claery & Green. At our firm, we have a great deal of experience in all areas of California family law, and have helped numerous clients throughout Los Angeles seek modifications. We know a successful modification can make a huge difference in your life, which is why we are so committed to doing everything we can to ensure your request for a modification is granted.

To arrange a consultation to discuss your situation in more detail, contact the office at (310) 362-2273 today!

Child support guidelines were created to ensure parents pay an amount that is within in their means while at the same time provides their children with the support they need to continue enjoying the same standard of living they had while their parents were married. The amount a parent pays is not universal, but rather is based on the parents’ levels of income and the number of children in need of support.

After a divorce, circumstances sometimes change and a parent may need to change or modify the child support order in response to those changes. Judges are supposed to grant a modification if the parent can prove he or she experienced a significant change in circumstances, such as an unexpected job loss or medical emergency.

While this is supposed to happen, often it does not, much to the frustration of the parent needing the modification. This situation happened to Anthony Fernandez, a Nevada man who was ordered to pay $80,000 a year in child support while earning $500,000 to $4 million a year in the stock market. After the economy soured and the stock market crashed, Fernandez took a job as a car salesmen, where he brings home roughly $3,000 a month.

Obviously unable to keep up with his child support obligations, Fernandez asked the Nevada Supreme Court to grant him a modification, but the court said his case must be heard by the district court. If the lower does not grant Fernandez a modification and lower his child support obligations, it will be nearly impossible for him to continue making payments. How the court expects a man making $36,000 a year to pay $80,000 in child support is beyond reason.

It’s natural for a divorced couple’s circumstances to change after their divorce has been finalized. Depending on the change in circumstances, it may be necessary for one or both parties to change or modify a court order. Judges understand that people’s circumstances change, and are usually willing to modify an order as long it does not compromise the best interest of any children and the changes in circumstances are “significant.” For example, seeking a modification of a child support order after quitting your job is not likely to going to happen. However, if you show that you've been laid off and have been diligently looking for a new job but just haven't had any luck, the judge is more likely to lower your child support obligations.

At Claery & Green, we have experience representing clients throughout Southern California in all areas of family law, including post-judgment modifications. Whether you want to modify a  child support order, a child custody order, an  alimony order, or some type of marital contract or settlement agreement, an experienced Los Angeles divorce attorney at our office can assist you in filing the necessary paperwork and argue your case before the judge. Furthermore, we can also help you gather the documents and evidence that prove you have indeed experienced a significant change in circumstances, which might include a sudden job loss, physical injury or disability, family emergency, relocation, etc.

For more information about post-judgment modifications, please contact a Los Angeles family law attorney at Claery & Green today!