Many Americans have been faced with the situation of being asked to resign or they will be fired, but knowing if and how your forced resignation affects your child support or would require a child support modification in Oklahoma is extremely important before making that decision.
This situation is common during a time when the economy is not as strong and companies have to lay off a large number of employees. It is really important to consider how unemployment laws affect whether voluntary resignation or being fired will negatively affect you and your child support.
Required for Modification
If you lose your job, your child support attorney can request a modification in child support for you. In order to show a modification is necessary, a litigant must prove a material change in circumstances has occurred that requires a change in support.
Some examples in a material change in circumstances include:
- Change in day care,
- Change in medical insurance,
- Change in income,
- Ordered custody change,
- A medical disability of one of the parents.
Garcia v. Garcia
In 2012, the Supreme Court of Oklahoma tackled a difficult subject concerning forced resignations. Technically, when a parent willingly choses to quit their job, they are still responsible for child support.
In this case, the father was a school principal and was asked by the superintendent to either step down or he was going to be fired. The father thought it would be easier to find a position in education if he voluntarily quit rather than be fired, he chose to resign.
The mother stated the father either resigned voluntarily or that he committed violations at his place of employment to be fired. She argued the father caused the actions that changed the circumstances and should not be entitled to a reduction in support as part of his child support modification.
The court came up with a new test not based on whether the job loss was the father’s voluntary or involuntary choice, but rather if there was bad faith involved. The Supreme Court of Oklahoma found that the father was forced to resign and did not contribute to his change in circumstances.
New Test After Garcia
Child support attorneys in Oklahoma are able to use the Garcia case when helping clients figure out what to do if they are forced to resign. The new test no longer involves intention on the part of the parent that loses their job, which primarily is what was considered in the past.
Now the courts look to whether, based on all the circumstances and evidence presented, the job loss was committed in bad faith by the parent in order to escape child support payments or good faith without purposeful actions to lose their job.
Bad faith includes any evidence that shows the parent purposefully committed actions in order to be forced to resign or fired in contemplation of reducing their child support payments. Employment records can be helpful in this regard.
Initial Consultation with a Tulsa Adoption Attorney
Hiring a child support attorney in a child support action will ensure the process is expertly conducted and your interests are well represented. Whether you have recently lost your job or your spouse lost their job and is asking for a child support modification, a child support attorney is the best resource when a you are involved in a child support case.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child support process.
For a low-cost confidential consultation, call now: (918) 924-5526.