Learn More>>Child Support>> Involuntary Income Loss

 In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service of the petition is made on the other parent. It shall not be considered an involuntary termination of employment if the parent has left the employer without good cause in connection with the Parent's most recent work.

When a petition is made to modify the child support payment award based upon a theory of involuntary income loss, the Court does everything possible to expedite the hearing. If the Court finds that an adjustment should be made to the child support payment award, the Court at its discretion may phase in the new child support award over a period of up to one year with at least a 25 percent initial adjustment of the difference and at least one other intermediate adjustment prior to the final adjustment at the end of the phase-in period.

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