What Happens To Child Support If I Lose My Job?
When a parent loses a job and has a period of unemployment, child support can become a critical problem. Knowing what to do with child support payments during this time can be difficult – and delaying taking action can cost you thousands of dollars.
At The Garza Law Firm in Corpus Christi, Texas, I can discuss the issues of child support payments and job loss. Call 361-579-1042 to schedule a consultation with me.
Modifying Child Support Payments After Divorce
Child support payments can be modified if there is “a significant change in circumstances” for either you or your ex. Job loss may qualify as a change in circumstances, and your child support payments could be recalculated to reflect your current income. However, this must be done correctly.
Only A Court Can Change Your Payments
Only a court can order a modification to your child support obligation, so you cannot simply pay less or stop paying altogether. Even if you lost a job, courts presume you need a job to buy food and housing for yourself, so even if you have lost a job, the expectation is that you will find a new job with a similar salary.
Child support orders can be modified either through a court hearing or through the Child Support Review Process (CSRP). I can help you through every step of the process and ensure that your support payments are recalculated accurately.
Do I Need A Modification If My Ex Agrees To Reduce Support?
While your former spouse may agree to temporarily accept lower payments, that agreement is not enforceable. Legally, you would continue to be bound by your existing child support order. If they later demand full payment, you could end up owing thousands of dollars in arrearages.
This obligation is not dischargeable in bankruptcy. It is far better to deal with it as soon as your income changes. This is why it is critical to speak with an experienced family law attorney about any change in the amount of your child support obligation.