When You Can’t Afford the Court-Ordered Child Support…

Dealing with court-ordered child support can be a source of stress for many parents, especially when financial difficulties make it hard to keep up with payments. However, for parents facing job loss, health issues, or other unexpected financial setbacks, meeting these obligations can feel overwhelming.

If you find yourself struggling to afford your child support payments, you are not alone. The unemployment rate’s jump to 4.3% in July crossed a tripwire in the US that historically has signaled recession. [1]

 

What To Do If You Can’t Pay Child Support

If you find yourself unable to pay your child support, you may be feeling overwhelmed. Know that you aren’t without options, and taking action early can help prevent legal complications.

While bankruptcy won’t help clear child support debt (back child support can’t be forgiven in bankruptcy), there are options to help you manage or reduce your child support payments during financially difficult times. Here’s a step-by-step guide on what you can do if you can’t pay child support.

 

What You Should Know

 

Let the Court Know About Your Situation

Communicate with the court as soon as you realize you’re struggling to make payments. Failure to notify the court about changes in your financial situation can lead to more severe consequences, including wage garnishment or even jail time for non-payment.

• Notify the Court Early: Let the court know if you’ve lost your job, experienced a medical emergency, or are facing other financial hardships. The sooner you inform the court, the more likely it is that they will be understanding and make allowances for your situation.
• Document Your Financial Hardship: When you reach out to the court, be prepared to provide supporting documentation, such as pay stubs, unemployment benefits, medical bills, or other relevant records.

Remember, only a judge can modify your child support order. If you’ve worked out an informal arrangement with your co-parent, that arrangement won’t help unless the court approves it.

 

 

Request a Payment Schedule

If you are unable to pay your full child support amount, consider requesting a more manageable payment schedule. A court can help you set up a payment plan that works with your current financial situation.

• Modify the Payment Amount: Courts are typically willing to adjust child support payments if your financial circumstances have changed. This might include temporarily lowering your monthly payment amount or extending the payment period to make it more manageable.
• Provide Proof: To request a modification, you will likely need to provide documentation of your changed circumstances, such as proof of income (or lack thereof), unemployment records, and any additional expenses you’re now facing.
• Court Approval: Keep in mind that the new payment schedule isn’t official until it’s approved by the court. If you and the other parent can’t agree on the new payment amount, a judge will decide based on the evidence presented.

 

Private Loans for Child Support

Taking out a private loan might seem like an option to help you catch up on child support payments and avoid penalties. However, understand the risks involved:

• A Loan From The Bank, Credit Union, or Family: If you can take out a loan, either from a lender or a family member, you could use the money to make up missed payments and stay current. However, this will add to your debt, as you’ll need to repay the loan along with interest.
• Be Cautious: Loans should be considered a last resort. While a loan can help in the short term, it will increase your overall financial burden, and you’ll need to be sure you can repay the loan without further straining your finances.

 

 

Settle with the Guardian

If your financial issues are temporary, it’s worth discussing the situation with your co-parent. While they cannot waive your child support obligation, you may be able to come to a temporary arrangement for leniency.

• Temporary Relief: Explain the situation to your co-parent and try to work out a short-term solution that allows you to pay a reduced amount. Be honest about your financial difficulties and work together to ensure the child’s needs are still met.
• Legal Modification: For long-term changes, you’ll need to request a legal modification from the court. If your financial troubles are significant, you’ll need a judge to approve any modifications to your child support obligation.

 

Unemployment Benefits

If you’re currently unemployed and struggling to meet your child support obligations, your state’s unemployment benefits may cover some of the costs.

• Automatic Deductions: Many states automatically deduct some of your unemployment benefits to cover child support payments. If this amount causes you to be unable to pay your bills, petition the court for a change in your child support amount.
• Check State Regulations: The percentage of unemployment benefits that can be applied to child support varies by state. Check your state’s guidelines to understand how unemployment benefits are used to meet your child support obligations.

 

 

Debt Relief Programs

Some states have debt relief programs that can help parents in arrears reduce their child support debt through partial payments or other arrangements.

• California – Compromise of Arrears Program (COAP): This program helps parents in arrears by allowing them to make partial payments and have the rest of their child support debt forgiven, typically for amounts owed to the state.
• Illinois – Clean Slate Program: Under this program, parents who make six consecutive child support payments can have the debt owed to the state removed, helping to reduce arrears.

Eligibility for these programs varies, so check with your state’s child support agency to see if you qualify.

 

Take Action Now

If you’re struggling to pay child support, act immediately. Ignoring the situation will only make matters worse, and the court is unlikely to be sympathetic if you wait too long to reach out. Seek legal advice, file for a modification, and explore financial relief options. The sooner you take action, the better your chances of finding a solution that works for everyone involved.

If you’re unsure where to start, contact your state’s Child Support Enforcement agency or reach out to local legal aid groups for assistance. Your local Legal Aid Society or United Way may also offer resources to help you navigate the process.

 

Consequences of Not Paying Child Support

Failing to meet your child support obligations can result in serious legal and financial consequences. Here are the most common penalties you could face:

1. Wage Garnishment

The court may order a portion of your paycheck to be automatically deducted and applied to your child support debt, which can significantly reduce your take-home pay.

2. Driver’s License Suspension

If you fall behind on child support payments, your state may suspend your driver’s license, making commuting to work or fulfilling other responsibilities more difficult.

3. Passport Revocation

In some cases, the government may revoke your passport, preventing you from traveling internationally.

4. Tax Refund Seizure

The government can intercept your federal or state tax refund and apply it to your outstanding child support debt, leaving you with little or no refund.

5. Contempt of Court

Repeated failure to pay child support can lead to charges of contempt of court, resulting in fines or even jail time. This is a serious penalty that can affect your personal and professional life.

6. Negative Impact on Credit

Non-payment can be reported to credit bureaus, which can lower your credit score and make it more difficult to secure loans or obtain credit in the future.

7. Seizure of Property

In extreme cases, the state may seize assets such as bank accounts, personal property, or even real estate to cover overdue child support payments.

8. Custody and Visitation Issues

While non-payment may not directly impact your custody arrangement, it could be used as a factor in custody disputes or affect visitation rights if the other parent brings it up in court.

 

 

If you are struggling with child support payments, contact Sacks & Sack family law lawyers today to explore your options and protect your rights.

 

Source:

[1] Wiseman, P., & Rugaber, C. (2024, August 2). US hiring fell sharply in July in a setback for the economy | AP News. AP News. https://apnews.com/article/economy-jobs-unemployment-federal-reserve-inflation