Losing a job is a very challenging time, especially if you have a family to support. As of 2021, 13.2 million children in the US benefited from child support. Reports show that these payments help children live above the poverty line.
So, what happens if you can’t afford the court-ordered payment? Keep reading to learn whether losing a job can reduce your monthly obligations. We will also cover some ways to modify child support payments while adjusting to unemployment.
Understanding Child Support Obligations
Child support refers to the legal responsibilities designed to ensure a child has the necessary resources despite a parent’s financial situation. It covers things like:
- Basic needs like food and clothing
- Medical expenses
- Education fees
- Childcare costs like daycare and babysitters
Once a parent is ordered by the court to pay child support, these payments do not stop or adjust if your financial situation changes, like losing a job. Courts expect parents to fulfill their financial obligations at all times.
Falling behind on payments or failing to take legal action can result in consequences like arrears and wage garnishment.
What to Do After Losing a Job
Here are some immediate actions you should take after losing your job to reduce child support:
Notify the Office or Court
Inform the relevant authorities about changes in your employment status. Include necessary documentation to support your claim, like a termination letter or proof of unemployment benefits, to clearly show your financial circumstances. Early communication shows good faith and can help to reduce any penalties.
File a Modification Petition
You must have a petition to modify the amount in child support payments. This process is to further demonstrate your change in income and the need for scheduled payment adjustments.
Be prepared to show that losing your job was involuntary and not in any way your fault. Be sure to include only truthful information, as courts tend to follow up closely on the factors that led to your unemployment.
Continue Making Payments
As you wait for the court to decide your fate, continue making payments as usual. Legally, you are obligated to make the required payment before the modification is accepted. Failure to do so can result in penalties and legal action.
Additionally, a small or partial contribution shows that you are willing to meet your obligations despite the circumstances.
The Criteria Used to Modify Child Support
After petitioning to modify child support after losing your job, the court has to examine several factors to determine whether the reduction is necessary.
Courts need evidence to show your situation has significantly changed and is not temporary. They will assess the reasons for your job loss and financial situation, including severance and unemployment cheques.
The court also has to differentiate between voluntary and involuntary unemployment. If you were laid off or hours were cut because of things beyond your control, the court is more likely to consider your petition. However, some instances don’t qualify as a basis to reduce payments, for instance:
- Quitting your job voluntarily
- Switching to a lower-paid job
- Being terminated because of misconduct
Since courts expect unemployed parents to be actively looking for jobs, they will assess your efforts in seeking employment. Submit all evidence showing applications, interviews, or any attempt to better your finances to strengthen your case. Even if you are training for a new career, add those documents as well.
Mistakes to Avoid in Child Support Modifications
Some mistakes can negatively affect your petition, such as:
- Delayed action
- Ignoring or failing to pay your support order
- Misrepresenting your financial situation
- Not getting professional guidance
Avoiding these will make your process smoother. It is best to consult a child support attorney to represent your interests.
Conclusion
Losing your job doesn’t automatically reduce child support payments. There are some steps parents need to take. By acting on time, you demonstrate your commitment to fulfilling parental responsibilities while adjusting to the financial changes.
