Child Support Modification After Job Loss

By Attorney Ian Reardon – In a recent New Hampshire case, Clancey v. Todisco, the court looked at what happens to child support payments when a parent loses their job. This case helps explain how parents can ask to change their child support payments when their income drops.

Background of the Case

Joe Clancey, a sales executive, was paying $1,150 per month in child support as part of his 2019 divorce. This payment was based on an income of about $11,000 per month. But in July 2020, Clancey lost his job and started receiving only $1,850 per month in unemployment benefits. Because of this, he asked the court to lower or pause his child support payments until he could find a new job.

The Trial Court’s Ruling

Even though Clancey’s income had dropped, the court denied his request to change his child support payments. The court said he didn’t show enough proof that he was trying to find a new job and ruled that he was “voluntarily unemployed.” The court also held him in contempt for not continuing to pay child support from August 2020 onward.

The Appeal: Why Documentation Matters

Clancey appealed the decision, arguing that his job loss was not his fault and that he had provided proof of his efforts to find new work, such as applications and interviews. The New Hampshire Supreme Court agreed with him. They found that Clancey had shown enough evidence to prove his unemployment was involuntary and that he was looking for new employment.

The court decided that Clancey’s job loss was a “substantial change in circumstances,” which meant he could ask for lower child support payments. They noted that child support should be based on current income, and that losing a job without fault should be considered in court.

Key Takeaways for Parents Who Lose Their Job

The Clancey case offers important lessons for parents who are facing job loss and need to adjust their child support payments:

1. Keep Records of Your Job Search: If you lose your job, keep records of your job search, including applications, interviews, and any challenges you face in finding new work.
2. Act Quickly: File a motion to adjust your child support as soon as your income changes. Courts are more likely to grant changes if you act quickly.
3. Income Matters: Child support is based on what you are currently earning. If you have a big drop in income, the court should adjust your payments.
4. Voluntary vs. Involuntary Unemployment: The court will look at whether you are trying to find work. If the court thinks you are not trying hard enough, they may deny your request to lower your payments.

If you’ve lost your job and are worried about paying child support, contact Schoff & Reardon to understand your rights and the steps you need to take.