Do Not Keep Your Unemployment a Secret From Your Former Spouse

by David L Martin Law Offices of David L. Martin, Esq. PC

If you are a divorced parent out of work, your first concern may be how you will continue to support your child — this can be incredibly stressful if you are the one paying child support. You may also be concerned about how your unemployment would affect your parental rights if you share custody.

Changing your child support order

You must notify the court if you cannot pay child support in Nassau County, NY, on time and in full. Getting the agreement of your former spouse is not enough. A child support order is legally binding, and you violate it if you cannot adhere to it, even if temporarily. The court will almost certainly agree to a lower payment for the short term depending on whatever income you have, such as unemployment benefits.

While you may be reluctant to tell your former spouse (and your child) about your predicament, it is better, to be honest than to try to continue making payments you cannot afford to keep them from finding out what happened. Losing a job should not be embarrassing for you — or an excuse for your former spouse to disparage you in front of your child or try to deny you parental rights.

Modifying your custody or visitation schedule

You are probably focused on finding a new job, so you might not want to seek additional time with your child simply because you are at home a lot more. And if your child is habituated to the current schedule, it may be better if left unchanged. You can volunteer to pick up your child after school instead of sending them to a daycare center. While you have some free time, you could also volunteer to help out your former spouse in other ways.

Unless your unemployment becomes a long-term situation and you are forced to relocate to a place that is not big enough or appropriate for your child, it should not affect your parental rights. Your child custody or visitation rights cannot be denied simply because you cannot make regular child support payments.

It is a good idea to seek legal advice from a licensed divorce attorney in Nassau County to ensure that your parental rights are not violated and that you can make the necessary adjustments to your agreements until you can find work.