Child Support and Unemployment Benefits

The family court establishes child support payments based on your income and other factors. If you suddenly lose your job, you are still responsible for making the monthly support payments. You need to modify the support orders to reduce your child support obligations. However, the court can still require minimum payments even if you are only getting unemployment benefits.

Child support laws are different depending on where you live. To find out about how unemployment affects your child support orders, talk to a local child support law attorney.

Impact of Unemployment on Child Support

Most states use child support guidelines to determine how much the noncustodial parent owes in monthly support. Child support provides for the child’s needs, including food, shelter, and child care. The guidelines take into account the parent’s income, including income from their job. Losing your job is a significant change in circumstances.

If you are unemployed, you may have trouble continuing to make the same support payments. However, you must go to court to modify the child support court order to reduce the payment amount. You are still liable for any child support in arrears or payments before modifying the court order.

If you are getting unemployment benefits, the child support agency can take payments from your benefits. Child support services can withhold up to a certain percentage of your benefit amount. If your support obligations are higher than the withholding amount, you must still pay the remaining support balance.

Modifying Support Payments

Many states have a time limit for how long you have to wait before you can request a modification. However, you can request a modification based on a substantial change in circumstances. A substantial change in circumstances can include:

• Losing your job
• Severe economic hardship
• Incarceration
• Military deployment
• Parent moves away
• Medical emergency

What justifies substantially changed circumstances can vary by state. A reduction in your income (fewer hours or a lower salary) may not be enough to modify the court-ordered child support. However, losing your job and income is generally enough to justify modifying the support orders.

Legal Requirements for Changing Child Support Orders

To change your child support payments after losing your job, you have to petition the family court. You can petition the court for a modification of child support. The family law judge will review your petition and any supporting documents. The judge can ask you questions about how you lost your job and your future plans. The judge can also hear from the other parent.

The court may look closely at your employment status. If the court suspects you are not working to avoid child support payments, they can modify the orders based on your income potential. Talk to your child support lawyer about the legal process to change child support orders.

Child Support Temporary Relief

Until you get a modification, you are still responsible for any child support payments. Modified child support orders are generally not retroactive, but some jurisdictions may allow retroactive modifications to the date of filing the modification request. You have to make full payments until you get a modification and must make up any child support arrears. Contact your state unemployment office to find out about temporary relief. State benefits can help you with your financial obligations until you can get a new job. State benefits include:

• Unemployment insurance
• Job search assistance
• Food assistance
• Rental assistance
• Cash benefits

Communicating with the Other Parent After Losing Your Job

It can help to be open and honest with the other parent after losing your job. If you have a good relationship with your ex-spouse, let them know you lost your job. Assure them you will still support your child with support payments. You may be able to work out a temporary payment plan until you can return to full-time employment.

Child Support Enforcement Options

If you fail to make support payments, the court can still take enforcement actions. Under Title IV-D of the Social Security Act, all states have a child support agency to help enforce support payment orders. Child support services agencies can locate and seize assets, even if you don’t have a regular paycheck. Enforcement options include:

• Intercept your federal tax refund
• Levy your bank account
• Lien on property or vehicles
• Driver’s license suspension

Legal Advice to Manage Child Support Obligations

Losing your job creates a lot of financial stress. A child support attorney can help you through the process. Your child support lawyer can notify the child support agency and file a petition to modify the child support orders. Using an attorney can be faster than going through family court services.

Your attorney can also notify the child support agency when you return to work or if your benefits change. For more information about your child support case and unemployment, talk to a child support lawyer for legal advice.