Can't Make Your Child Support Payment This Month? Four Rules You Should Follow
What happens when you need to modify your child support agreement? If something happens that makes it impossible for you to meet your support obligation, there's a right way and a wrong way to handle it. This tips in this article will help you take the right steps.
1.) Always Try To Contact The Other Parent
If you can't meet your child support obligation, let the other parent know as soon as possible.
You don't have anything to gain by keeping it a secret until your support check doesn't come, Keep in mind that whatever is causing your sudden financial problem is also impacting your children's financial situation. If you let the other parent know what's happening early, and give him or her time to plan for the decreased income, he or she might be more willing to work with you.
If you just stop paying support and let the other parent "figure it out," he or she is probably going to be a lot less willing to easily work out a modification of the support agreement with you.
2.) Always Contact The Court And Request A Modified Child Support Agreement
Again, don't wait until after you've missed a payment to contact the court and request a modified child support agreement. The penalties for non-payment can be severe, including:
- liens against your property
- garnishment of your wages
- suspension of your driver's license
- suspension of your professional license (if you are, for example, a doctor, pharmacist, or other profession)
- a contempt order and jail time
- seized tax returns
- garnishment of federal benefits, like Social Security retirement and disability
- dismissal from military service or other penalties within the military system
If you move out of state to avoid paying support, or the situation goes on for a year or longer, you can even face federal felony charges under the Deadbeat Parents Punishment Act.
3.) Always Be Prepared To Justify Your Situation To The Court
The courts don't have any interest in punishing you if you genuinely cannot pay the child support. However, the responsibility is on you to prove that your circumstances have changed through no fault of your own.
For example, if your hours at work were cut because there's been a general lack of work available, get a letter from your boss or supervisor that states as much. Have your boss make it clear that your hours aren't being reduced due to your request, or a poor job performance (which could be seen as something you are purposefully doing to avoid paying support).
There are other, equally good reasons that could cause you to lack the funds for child support. They include:
- a sudden, temporary economic hardship (you have to move, lose transportation, etc.).
- temporary medical problems that have caused you to miss work or have unusual expenses.
- severe medical problems that are causing you to file for disability benefits.
- education expenses (especially when the education is designed to increase your future job prospects or income).
The courts know that putting someone in jail for a missed support payment is counter-productive. All it does is cause more missed payments, since you can't work from jail. However, it's important that you take proactive steps to let the court know that your circumstances are unavoidable, rather than looking like you're just avoiding the payments.
4.) Get Any Agreement In Writing
Never make an agreement with the other parent to modify child support without getting it in writing. Just because he or she is being reasonable today doesn't mean that he or she will continue to be reasonable, especially if you continue to have financial problems.
If your relationship with the other parent sours, you have no proof to show the court that you were acting above-board all along without something in writing. Additionally, keep records of your communications with the other parent regarding the situation, and don't make any cash payments if you have a little extra to put toward support at some point. A paper trail can keep you from facing an angry, disbelieving judge down the line.
Anytime that you have questions or problems with your child support order, contact your attorney to discuss your options. He or she can best advise you about the laws of your state on the matter, and is going to know the specifics of your situation the best.
For more information, contact a local law firm like Mills & Mills Law Group.
Share