Job loss can be a very frustrating experience. The more financial obligations an individual has, the more disruptive a sudden loss of income may prove to be. A divorced or separated parent providing child support needs regular income to ensure the financial stability of their children. Unfortunately, job loss is often outside of the control of the person who gets laid off or fired. An unexpected termination can cause a variety of different economic challenges, including child support arrears.
Can a parent who pays child support halt their obligations when they lose their employment?
Obligations continue regardless of employment status
The unfortunate reality for those paying child support is that job loss does not absolve them of their financial responsibility to their children. Historically, there have been many cases of parents quitting well-paid jobs or accepting low-paying jobs as a means of avoiding their child support obligations or reducing how much they have to pay.
As such, the courts generally do not eliminate or even pause child support responsibilities after a job loss. Thankfully, they do allow for modifications during times of economic hardship. The parent paying support can petition the courts for a modification hearing.
They can present evidence about their new financial circumstances, including any unemployment benefits they may receive. The courts can reduce the amount of support required based on the current financial hardship faced by the paying parent.
Timely action can help prevent a scenario in which a parent has weeks or months of unpaid child support that put them at risk of enforcement efforts. An informal agreement with the other parent isn’t enough to protect the parent paying support from enforcement efforts.
Those who modify child support due to an unfortunate change in circumstances may need to inform the courts when their circumstances change again. They may have to modify the order again when they start working or move into a better-paid position after accepting the first job available following a sudden layoff or termination.
Having the right assistance when navigating controversies related to child support can help people avoid mistakes and dangerous legal scenarios. Parents who update child support quickly when their circumstances change are less likely to face aggressive enforcement actions.