What happens to my child support if I lose my job?
As the world struggles to regain footing after the Covid-19 pandemic, many jobs remain in jeopardy and layoffs are occurring every day. While your child support agreement might be brand new, or several years old, your orders were put in place based on employment and earnings at the time of decree. Things aren’t easy these days and are constantly changing. Here’s what you should do if you lose your job and owe child support.
You are not exempt.
The most important thing to remember is that losing your job does not exempt you from paying child support. If you are unable to pay your required child support because of a loss of income, you may be able to petition for a modification of your divorce order. The reality is though that the court system and proceedings can take a while to get sorted, and your modification of support only goes back to the date of filing, not the date you lost your job.
What should you do?
The first thing you should do is let your co-parent, and the court, know that you have lost your job. Following that step, you can then see if you are eligible for unemployment in your state. To receive any modification of your orders, you must be able to show a “significant change in circumstances” and being honest and open immediately can ease that process.
Things to remember
It is important to remember that although your child support payments might be suspended by the courts, that does not mean they disappear. You’ll eventually have to make up for them later, so the answer is not to delay finding a new job. While it is not easy to tell others you have been laid off, if you have child support obligations, it is important to address your change in circumstance quickly so that you do not fall in arrears.
Call your family attorney as soon as possible when your employment changes and get help navigating this phase of your journey.