Does Child Support Stop If I Lose My Job?

Losing your job can be overwhelming. Struggling to make child support payments at the same time can only intensify the stress. If you fall behind on payment and end up in arrears, a tough situation could get even worse. You could face wage garnishment or even legal action from child support enforcement. The good news is that you may be able to request a modification of child support, which could lower your payment amount or make other changes to your child support order. A family law attorney who has experience with Virginia’s child support program can help you understand your options better. Take action now to protect yourself and your financial future.

What is Child Support?

Child support is the state’s way of confirming that both parents are making financial contributions to their child’s upbringing. It applies to parents after a divorce or to parents who never got married.

Virginia’s family laws put a priority on children’s well-being. Every court order related to child custody or child support must, in the court’s view, be in the child’s best interest. It is presumed that it is in a child’s best interest to have access to both parents and to receive support from both of them.

Parents can agree on a child support obligation, but a family court must still approve it. The court will want to confirm that the amount of child support fits the guidelines set by state law.

The Virginia child support guidelines start by looking at both parents’ income and how many children they each are supporting. A court may adjust the amount based on the child’s needs and relationship with the parents.

Once a child support order is in place, child support enforcement can come from two places. The court that issued the order can enforce it, and the Virginia Division of Child Support Enforcement (DCSE) can open a case. Both have the authority to impose penalties for failing to pay support as ordered.

Does Losing My Job Automatically Stop Child Support Payments?

Family courts presume that child support orders are appropriate unless a parent tells them otherwise. Unemployment does not automatically end a person’s child support obligation. The court and the DCSE will expect the payments to continue.

Failure to keep up with child support payments can lead to arrears. This can trigger an enforcement action by the DCSE. It is important to act quickly if you lose your job and need to reduce your payments.

Suppose a father has a child support obligation of $400 per month. He loses his job and worries that he will not be able to keep up with his child support payments. The court has no way of knowing that he has lost his job. He can notify the court and the other parent of the job loss, but this by itself will not change his child support obligation.

If he stops making payments while he looks for another job, the court and the DCSE will count those toward an arrearage. He might fully intend to get caught up on payments once he has a new job, but that will not matter to the court or the DCSE.

A modification request might be the best option for the father. Whether the court will grant the request depends on the circumstances. If the father can find another job reasonably quickly, the court might deny the modification while granting him a payment plan to get caught up on child support. If the job loss is likely to be long-term, though, the court might agree to revisit the payment amount.

What Factors Does the Court Consider for Modification?

Virginia family courts may modify a child support obligation when a “material change in circumstances” for a parent or child has occurred. This may include:

• A substantial change (usually 25% or more) in a parent’s income;
• A change in the child custody arrangement;
• A parent’s routine failure to exercise their rights to parenting time with the child;
• Changes in the child’s health insurance or medical needs; or
• A parent’s incarceration for at least 180 days.

Please note that many of these circumstances could lead to an increase in child support instead of a decrease. For example, if the parent paying child support gets a major promotion, the other parent could petition to modify child support upward.

Another important point to note is that state law allows courts to take earning potential into account. If a court believes that a parent is intentionally unemployed or underemployed, it can base child support on what that parent could be earning.

How Often Can Child Support Be Modified in Virginia?

Virginia does not specifically limit how often a court may modify a child support order. State law allows courts to review child support orders every three years. Courts may grant a modification request at other times if the parent asking for a modification can show a significant change in circumstances. The modification process can be time-consuming since it must go through the courts. If the other parent disputes the modification, they might be able to drag the process out. The result is that modifications do not occur frequently.

What Qualifies as a Substantial Change for Modifying Child Support?

Situations that might constitute a substantial change in circumstances include:

• Job loss or other significant income reduction;
• Changes in the child’s medical insurance;
• An increase or decrease in parenting time; or
• Other significant life changes.

None of these scenarios guarantees a modification of child support. The court will want to review financial information and other evidence. Their decision will largely depend on whether they conclude modification will be in the child’s best interest.

What Are the Potential Consequences of Not Paying Child Support?

The penalties for failing to meet a child support obligation may include:

• Wage garnishment
• Loss of a driver’s license
• Accumulating arrearages that must be repaid
• Legal actions from the DCSE

How Do I Request a Modification of My Child Support Order?

The first step in the modification process is to talk to the other parent and see if they will agree to the change. This might not work, and in some cases, a parent knows for sure that it will not work. It is often worth a try, though. Family courts like when parents can work things out on their own, however an agreement between parties does not change the obligation of following a court order. Even if both parents agree to a modification the order will still need to be changed with the court.

Absent an agreement, a parent must go to court to ask for modification. The process typically follows the following steps:

• Prepare a petition to modify.
• Gather financial information to submit to the court and an affidavit to prove a substantial change in circumstances.
• File the petition in the court that issued the original child support order.
• Have the other parent served with the court papers.
• Schedule a hearing to have the court decide on modification.

This can be a daunting experience. The child support attorneys at Randall, McClenney, Daniels & Dunn are here to help.

What if I Can’t Afford the Filing Fee for a Modification Request?

Court clerks charge a filing fee to file a petition to modify. A parent can request a fee waiver if they cannot afford this fee. They can submit a fee waiver request and financial information to the court. A judge will review the paperwork and decide whether to approve the waiver.

Some courts offer self-help resources for parents struggling with child support payments. Virginia Legal Aid offers an online self-help tool.

How Can a Lawyer Help with Child Support Modifications?

The child support system is confusing and often inflexible. Having someone who deals with it for a living can make a tremendous difference. A family law attorney can help a parent:

• Navigate the modification process;
• Gather necessary financial information;
• Present a strong case in family court; and
• Address issues like arrears, health insurance, and enforcement actions.

Why Clients Choose Randall, McClenney, Daniels & Dunn

The legal team at Randall, McClenney, Daniels & Dunn has a combined 85 years of experience in family law and other practice areas. They can provide legal advice and advocacy for people dealing with child support issues. The firm is a Better Business Bureau Accredited Business, and its lawyers have received honors from Martindale-Hubbell and other legal organizations.

Testimonials

“I was kept well informed on all aspects of my case! I could not be happier with the representation that I was provided! 100 percent recommend….” — Adam T.

“I would highly recommend this law firm to anyone in need of legal services. From calling to inquire and set up an appointment, to meeting with the staff to assist me — it was all a very smooth process. They are true professionals [who] understand their clients, and [are] extremely knowledgeable. They make sure you receive the best service, and I am truly grateful for everyone at this law firm that assisted helping me get the best outcome.” — Anna R.

Need to Modify Child Support? Talk to Our Child Support Lawyer About Your Case

The attorneys at Randall, McClenney, Daniels & Dunn, represent clients in Tidewater and Southside Virginia. They have decades of experience providing sympathetic legal advice and zealous advocacy in family law proceedings and disputes. Schedule a confidential consultation today by calling (757) 742-6115 or using the firm’s online contact form.