Do I have to keep paying child support if I lose my job?

Losing your job is undoubtedly a challenging experience, and it raises important questions about your financial obligations, particularly concerning child support. As a family law attorney at Lundberg Law in Midlothian, Texas, I often encounter clients facing this predicament. It’s crucial to understand that, under Texas law, your obligation to pay child support does not automatically cease or adjust due to unemployment. The existing court-ordered amount remains in effect until a court modifies it.

Immediate Steps to Take After Job Loss

1. Notify the Appropriate Parties: Inform the other parent and the Office of the Attorney General’s Child Support Division about your change in employment status as soon as possible. This proactive communication demonstrates your commitment to fulfilling your obligations and can be beneficial in future proceedings. 
2. Continue Making Payments: Even if you’re unable to pay the full amount, it’s essential to contribute as much as you can toward your child support obligation each month. Failure to make any payments can lead to arrears, which accrue interest and can result in serious legal consequences.
   

Modifying Your Child Support Order

To adjust your child support payments to reflect your current financial situation, you’ll need to seek a modification of the existing court order. Here’s how:

• File a Petition for Modification: Submit a formal request to the court that issued the original child support order, citing a material and substantial change in circumstances due to your job loss. 
• Provide Supporting Documentation: Gather and present evidence of your unemployment, such as termination notices, unemployment benefit statements, and proof of your efforts to secure new employment. 
• Understand the Court’s Considerations: The court will evaluate various factors, including your previous employment, earning capacity, and diligence in seeking new work, to determine whether a modification is appropriate.
  

Potential Court Orders for Unemployed Obligors

Under Texas Family Code Section 154.017, the court has the authority to require unemployed or underemployed parents to:

• Participate in Employment Programs: Enroll and actively engage in programs that offer employment assistance, skills training, or job placement services. 
• Develop a Work Plan: Create and follow a plan to secure employment and fulfill child support obligations. 

Consequences of Non-Compliance

Failure to address your child support obligations can lead to enforcement actions, including:

• Accrual of Arrears: Unpaid child support accumulates as arrears, which accrue interest and remain enforceable until paid in full. 
• Legal Penalties: Non-compliance can result in contempt of court charges, leading to fines or even incarceration. 

Summary

While losing your job presents significant challenges, it’s imperative to remain proactive in managing your child support obligations. Promptly seeking a modification of your support order and maintaining open communication with all involved parties can help mitigate potential legal issues.

Lundberg Law Can Help

If you’re facing unemployment and are concerned about your child support obligations, don’t navigate this complex situation alone. At Lundberg Law, we specialize in family law matters and can provide the guidance you need. Contact us today to schedule a free consultation, and let us help you find the best path forward during this challenging time.