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Can non custodial parent pay less child support if quits job and moves out of state?

Q: My daughter’s father is on child support and has his checks garnished. A few months ago I found out that he will be moving to Florida. He works as an EMT and I just received papers that he wants his child support lowered and for the arrears to be lowered as well. He owes about 3000 in arrears. The explanation on the summons says he no longer works at his job since he will be moving out of state and is also now experiencing financial hardship. Can he just quit his job and have his child support payments be the minimum? I don’t think it is fair that he doesn’t want to pay when he willingly quit his job. He currently pays 191 biweekly. If he moves out of state, I know he will get another job so then how will I get the child support recalculated if I live in New York and he lives in Florida? 

A: No – the general rule is if one voluntarily quits, one does not receive any reduction of child support. It would be his burden to prove he had no virtual choice but to quit, which seems like a hard burden to meet. Call a Bronx Child Support attorney to schedule a consult for a full assessment. 

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