I’ve lost my job. What does that mean for child support in 2023?

Last Updated on June 26, 2023 by Carlos Lopez

Losing your job is always stressful, as you’re left wondering what will happen to your planned expenses, your health care access, and more. But if you pay child support, it can add another layer of stress to losing your job during 2023.

Here’s what you need to know about paying child support if you’ve lost your job:

No, your obligation to pay doesn’t stop the minute You lose your job

Some people (wrongly) assume that their obligation to pay child support is solely tied to whether or not they have a job. That’s incorrect.

You are obligated to pay child support because you have children whose parents are not together.

If you have a court order saying you have to pay child support, you must honor that order – including the amount you pay – until a court says otherwise.

If you’ve lost your job, continue paying your court-ordered child support for as long as you’re able. Otherwise, you may face extra penalties and payments if you don’t keep paying.

Depending on where you live and your pre-job loss arrangement, paying your child support may require you to directly pay your state’s child support disbursement unit via check, bank transfer, or credit card payment. 

If it looks as if your time without a job will be lengthy, you can petition the court to reduce the amount of child support you are obligated to pay.

You should also read:Parenting Plan Considerations for Parents of Special-Needs Children

However, because courts favor maintaining the status quo for children, the burden of proof when showing why you think your child support obligation should be reduced is very high.

Why You lost your job matters

When it comes to proving that you qualify for a decrease in your child support obligation, the reason why you no longer have a job is going to become key.

If your company closed or you were laid off, or if you were injured and lost your job, most courts will consider you a better candidate for a child support decrease.

However, if you were fired, voluntarily resigned, or left your job to attend school, the court may be less willing to decrease your child support.

Why is this? Courts are very wary of child support obligors who decrease their income of their own choice and actions (negligence, choice, etc.).

To a court, it could look as if your leaving your steady, well-paying job to go back to school is a way to skip out on paying your ex child support, even if that isn’t your intention.

Just a reminder: If you receive unemployment benefits, workers’ compensation benefits, or a severance package as part of losing your job, the court will consider that as income when calculating your obligations.

How You petition matters, too

Petitioning the court to decrease your child support payments due to a job loss is going to look a lot better to a judge than petitioning the court to be completely released of your child support obligations.

If you’re filing a petition to decrease the amount you pay in child support because you anticipate a long-term hit to your income – and your subsequent ability to pay all your bills – the courts may be more sympathetic to your petition than if you’re hoping to get out of child support at all.

Modifying Child Support After Job Loss

The unexpected hardship of losing your job might necessitate changes to your child support agreement. Fortunately, the legal system acknowledges such circumstances, allowing for modifications in child support orders to reflect significant changes in your financial situation.

You should also read:Why it’s important to prove paternity

Process of Modification

The process of modification begins with filing a petition to modify your child support order.

This request is made at the same court that issued the original order.

The petition typically requires you to provide details about your current financial situation, including your income, expenses, and the circumstances surrounding your job loss.

After the petition is filed, the court usually schedules a hearing.

Both parents are given the opportunity to present their case, and the judge will review the evidence before making a decision.

Bear in mind that this process varies by jurisdiction and can be complex.

Consulting with a legal professional in your area can provide valuable guidance and increase the likelihood of a successful modification.

Factors Considered in Modification

When reviewing a modification request, the court takes various factors into account.

These include the reason for the job loss—whether it was involuntary or not—which plays a significant role.

For instance, if you were laid off due to company-wide cutbacks, the court would view this differently than if you quit your job without a solid reason.

You should also read:How does domestic violence affect child custody?

Your efforts to find new employment are also considered. The court expects that you’re actively seeking a new job or exploring other income sources.

Evidence of your job search, such as submitted job applications or correspondence with potential employers, can be beneficial.

The court will also assess your financial resources. This includes any severance package, unemployment benefits, savings, or other assets you might have.

All these factors are weighed against the needs of the child. Remember, the guiding principle for the court is always the best interest of the child.

Tips to Handle Child Support After Job Loss

Communication with Your Ex-Spouse

Establishing and maintaining open communication with your ex-spouse is crucial during this time. It can feel like a daunting task, especially if past interactions have been less than pleasant.

However, keep in mind that this isn’t about the relationship you had but rather about the child you both share and love.

When you lose your job, don’t keep it a secret. Share the information with your ex-spouse.

Doing so not only demonstrates your commitment to transparency but also shows respect for their position as a co-parent. It allows them to prepare and plan for potential changes that could impact your child’s welfare.

Discuss your current situation honestly. Lay out your financial predicament without exaggeration or minimization.

Let them understand that your primary concern here is your child’s wellbeing, not trying to shirk responsibility or find an easy way out.

You should also read:How can parents win child custody cases? [Full Guide]

Propose a revision of the current child support amount, based on your current income or lack thereof.

If you can both agree on a revised amount, this can drastically simplify the court process.

Rather than a drawn-out legal battle, an agreement between both parties can be presented for court approval.

Remember to be patient and remain open to feedback during these discussions.

There may be frustration and resistance at first, but clear and empathetic communication can help pave the way for a resolution that prioritizes the child’s wellbeing while respecting each parent’s financial circumstances.

Keep in mind that any agreement you reach should be formalized through the court.

This protects all parties involved and ensures that the agreed-upon changes are legally recognized.

If possible, consult with a lawyer to ensure your agreement is in line with local laws and regulations.

Seek Legal Advice

Legal proceedings can often feel complex and overwhelming, especially when you’re already dealing with the stress of job loss.

This is why seeking legal advice can be extremely beneficial.

You should also read:6 reasons for make a will if you have children

A legal professional can guide you through the process of modification, ensuring your best interests and rights are protected.

Utilize Government Programs

Navigating job loss can be stressful and difficult, but remember, you’re not alone. Various government programs are designed to provide relief during such challenging times.

Unemployment insurance is one such program. If you’ve lost your job through no fault of your own, you may be eligible to receive unemployment benefits.

These benefits can be a lifeline, helping you cover expenses, including child support payments, while you search for new employment.

Another resource to consider is Temporary Assistance for Needy Families (TANF).

TANF provides financial help to low-income families with children. It aims to help families achieve self-sufficiency through a combination of work, education, and job training.

Finally, don’t overlook food assistance programs like the Supplemental Nutrition Assistance Program (SNAP). These programs can help offset some of the costs associated with providing meals for your child.

Bottom line: get an attorney if You’ve lost your job & can’t pay child Support

Filing your own petition to refigure child support is possible, but there are a lot of technicalities that you can run into during the process.

The best way to give yourself the chance of a favorable outcome so you can pay your bills and still maintain your support obligations is to hire an attorney to walk you through the process.

A licensed, experienced family law attorney can tell you what to expect and even whether it’s a worthwhile undertaking to petition the court.

You should also read:Drug Abuse in Child Custody Cases: How to Protect Your Child’s Best Interests

Frequently Asked Questions

1. What happens if I can’t pay child support due to job loss?
   • You can petition the court to modify your child support payments. Until the court modifies the order, you are still obligated to make payments.
2. Can my ex-spouse deny visitation if I can’t pay child support?
   • No, visitation rights are separate from child support obligations.
3. What if I find a new job quickly after losing one?
   • If your income increases significantly, your ex-spouse might request an increase in child support payments.
4. Do I need a lawyer to modify child support payments?
   • While not required, having a lawyer can make the process smoother and ensure your rights are protected.
5. Can back child support be forgiven?
   • Typically, child support arrears are not forgiven and must be paid, but specific circumstances might lead to a reduction.

Child support Attorney in Washington, D.C.

Whether you need your child support obligations re-evaluated due to job loss or you’re just embarking on a child support and custody case, you need a skilled attorney on your side.

The team at Lopez Law Firm has years of experience helping people just like you get the results they deserve. Schedule your consultation today!