How must I agree to be relieved of compulsary execution of child support in the case of unemployment?

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How must I agree to be relieved of compulsary execution of child support in the case of unemployment?

I am currently undergoing a divorce agreement. I have little personal property. In what way must I agree so that when I lose my job and cannot pay child support I can still keep my property and stay out of prison?

Asked on January 3, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think what you are asking - in simple terms - is if I lose my job how do I get my child support payments adjusted accordingly, correct?  You support payments should be based upon your income now.  generally speaking, each state has a set of laws dealing with child support payments.  SOme states use an Income Share model but which ever model your state uses, there should be child support worksheets available to help you compute the amount.  Now, in the event you lose your job you would apply to the court for a modification of the agreement based upon a change in circumstances.  The court should indeed reduce the payments appropriately based upon the situation. Good luck.


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