What happens with child support payments in the event of unemployment?

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What happens with child support payments in the event of unemployment?

I filed with the child support office approximately 3 months ago. I have not received any word yet. I wanted to know, if I continue on with the process if before the case can be heard my ex loses his job? Will the court rule that he has to play 18% of what he was making, or will it be based off of the unemployment he makes? Also, if he isn’t entitled to unemployment after any extensions run out, will I still receive the money my daughter is owed from him?

Asked on December 2, 2010 under Family Law, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

NV uses the "Income Percentage" method to determine child support. This means that the level of support is based on a percentage of the non-custodial parent's "gross income" - the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.   

An amount based on this formula is the presumptive maximum amount per month per child for an obligation for support.  If the amount of support deviates from the formula, the parties must justify why to the court. Therefore, if you file for child custody and your husband loses his job in the meantime, he can explain his employment situation to the court, which in turn can modify what he is to pay (this is true even if he loses his job after any custody order is issued).  In any event, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount.

Note:  Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Changed circumstances such as a change in income is a basis for supporting a modification of child support. It is not possible to predict the outcome of your case, but the amount of child support will most likely be reduced if your ex loses his job and/or does not receive unemployment compensation or the unemployment compensation ends.


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