Job changes don’t always mean an increase in pay. How Do I Get My Child Support Reduced?
Child support may have been set at a time when the non-custodial parent was either making more money. Moreover, they may have been gainfully employed. Now recent changes in employment may cause the non-custodial parent to fall behind in his or her child support obligations.
A parent that is not able to pay their child support often just end up with back child support (arrearages). With every missed or partial payment of the child support obligation, they find themselves falling further and further behind.
If you had a substantial change in your gross income due to a job change your loss of employment, you might seek to have your child support modified. Try to get your child support modified based on your current income and not on what you were previously making. It can help avoid accumulating back child support based on income you no longer have.
Job loss does not reduce the non-custodial parent’s obligation to pay child support. However, if the non-custodial parent is unable to get a job or receive similar pay, the parent can seek to have their child support reduced. Reduction of child support takes a modification of the existing court order. Just letting the other parent or the Attorney General’s Office know is not enough.
Realize that just because you are not currently employed, the child support amount may not be $0. The judge will determine what he deems appropriate. Thus set the amount of child support based on this calculation.
If you are in arrears (owe back child support), you are at risk of an enforcement action. It is important to note that adjustments to the child support obligation are not typically retro-active. The adjustment would only change future obligations. Therefore it is essential to act promptly to avoid unnecessary arrearages.
If you need help or need more information about child support in Texas contact us today.
Child Support