Los Angeles, CA family law attorney Robert W. Eisfelder talks about whether someone can lower their support obligation after they’ve lost their job.
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On occasion someone will come to see us and inform us that their spouse lost a job and is seeking to modify child or spousal support. The court does allow modification if there’s been a change in circumstances. If one spouse legitimately lost their job, then the court’s going to ask that spouse to go out and try and find a job and use good faith efforts to achieve employment. If a spouse has manufactured the loss of a job, courts have the ability to impute income, just as if that person happened to be working. And the court will look into the motivation as to why the job was lost. If it was a legitimate loss of job, the court will give the spouse time to find a job but order the spouse to make a good faith effort to achieve employment.