I Can't Afford To Make Child Support Payments

If you are laid off, unemployed, or your business is not making money, you may not have enough to pay child support. A substantial change in income is a reason to request a modification of your child support orders. However, you need to get the court to modify your court order, and you are still responsible for any arrears.

Failure to pay support can result in penalties, contempt of court, and possible jail time. If you can’t make court-ordered payments, talk to a local child support attorney for legal advice.

What To Do If You Can’t Afford Child Support

Noncustodial parents must make monthly payments to provide financial support for their children. There are penalties for failure to make payments, late payments, or partial child support payments. If you cannot afford to pay child support, you need to take immediate action to reduce your future child support obligations.

The child’s other parent cannot stop you from seeing your child if you are behind on payments. Child support orders and child custody are separate. You still get time with your child according to the child custody and visitation order, even if you stop support payments.

Legal Options for Modifying Child Support

Generally, there must be a significant change in your financial situation to modify the support orders. A sudden change in your financial circumstances can leave you unable to afford monthly child support. A substantial change in circumstances can be caused by:

• Getting fired or laid off
• Decrease in hours or demotion
• Significant debt accumulation (though credit card debt is rarely accepted)
• Natural disaster
• Medical emergency
• Business failure

Child Support Obligation and Change in Income

The initial court-ordered child support award is based on several factors, including the income of each parent. The child support orders will stay in place until either parent formally requests a modification. If you suddenly experience a loss of income, the child support obligations will not change until you modify the child support order.

Child support obligations go both ways when you have a significant change in income. If you lose your job, it can reduce how much you owe in monthly child support. If you make more money, it can increase your child support payments.

Unpaid Support After a Child Support Modification

Child support changes are not retroactive. A modification will only change your future child support obligation and not the past payments. Once the court grants your modification, you will still have to pay any arrears, including additional fines and penalties.

Increase in Payment Obligations

Either parent has the right to request a review and modification of the child support order at any time. The court will review the current monthly and annual income information for both parents. A parent may also request a change based on the increased cost of caring for the child. For example, a parent could ask for higher child support for increased healthcare costs.

Negotiating Payment Plans for Arrears

Generally, you cannot have child support arrears forgiven, although some states may allow for forgiveness under specific circumstances, such as through a settlement agreement. You are still liable for any past support payments, even after modifying your child support orders. You may also have to pay interest on unpaid child support. However, there may be some options to reduce your financial obligations for child support arrears, including:

• Reaching a settlement agreement with the custodial parent for a lump-sum payment
• Negotiating with the custodial parent (or the state) to waive interest
• Petition for a reduction based on a change in the parenting plan
• Set up a payment plan to manage repayment of arrears

Unemployment and Child Support

Even if you are unemployed, you may still have to pay some amount of support. During the child support modification hearing, the judge may try to determine whether you are voluntarily unemployed or trying to hide income.

As soon as you learn you may lose your job, contact the state child support agency or your family law attorney for assistance. If you have a tough time coming up with child support, you can request a temporary reduction of your payments.

If you are getting unemployment, the state can deduct child support payments from your benefits. Support payments can also come out of Social Security or disability benefits. Generally, unemployment can only withhold up to a maximum amount of your benefits to pay arrears.

Consequences of Non-Payment

Failure to pay support can also begin compounding the amount you owe through interest. If you don’t pay down the child support debt, the amount you owe will continue to increase. The local child support agency can take legal action to collect your unpaid support. Child support enforcement actions include:

• Wage garnishment
• Lien on your property
• Levy on your bank account or financial institutions
• Suspend your driver’s license
• Intercept your tax refund
• Denial of U.S. Passport

If you fail to pay child support, the court could find you in contempt. The court may also charge you with misdemeanor charges for failure to pay child support, which could result in a criminal record. The state can send a parent to jail for not paying child support, but it is uncommon. If you’re in jail, then you can’t earn money to help support your child.

Seeking Legal Assistance When You Can’t Afford Support Payments

Ignoring your support obligations will not make them go away. Take action to help you keep on top of your child support payments and avoid serious penalties. A child support attorney can help you get a modification to reduce your continuing obligations. Your attorney can also negotiate with the family law court to come up with a payment plan you can afford. Contact a local child support lawyer to find out about your legal options.