Non-custodial parents who have a child support order must continue making payments on time, even when they lose their jobs or experience a reduction in pay. They need to obtain an official child support modification to begin paying less.
Unemployment benefits
New Jersey’s child support law allows the custodial parent to continue collecting payments when the other parent receives unemployment benefits. These payments can come directly from the unemployment benefits. If you would struggle to make your basic living expenses as a result of the payments, then you could request a modification of your order. The state may lower or eliminate your obligation to pay temporarily.
Garnishment
If you have a court-ordered garnishment, your obligation to pay the garnishment doesn’t end when you lose your job or experience a reduction in pay. You need to continue paying until you receive a new garnishment order. In order to receive a new order, you’ll need to file a motion with the court to report your loss of income and request modification.
It might take a few pay periods before the government begins deducting your child support payment from your unemployment benefits. If your garnishment amount becomes lower than your child support order’s obligation, you still need to pay the remaining amount.
Modification
New Jersey won’t automatically modify your child support order when your financial situation changes. You need to file a motion with the court that requests a modification. The state requires that you attach a copy of the order, financial documentation and a copy of your case information.
Unemployment doesn’t automatically affect child support in New Jersey. You must contact the courts if your payments will be affected by the new financial situation.
