When you go to court, you must bring proof that your situation has changed. If you lose your job and ask for a downward modification, you will need to show the court:
- You did not lose your job through your own fault (for example, you did not get fired for cause or you did not quit voluntarily), and
- You have made efforts to find a job with income at the same rate of pay or higher.
You must also bring any other proof requested by the court. If you are asking to modify because you have been in jail, you cannot have been in jail because of a violation of a child support order or a crime against the other parent or the child.
You can ask the court to change your support order going back to the date when you filed the modification petition. You must continue to pay the same amount of child support on the order until the court makes a different child support order.
The court may look at the amount you made before you lost your job and decide that you could make more than you do now. If this happens, the court might not change your child support order.