In many cases, divorced parents with joint custody evenly divide the costs of raising their children, but when one parent has full custody, the noncustodial parent is typically required to make payments calculated by the court based on their income, the cost of living and other factors. Support payments are designed to pay for a child's expenses without causing a hardship for the paying parent, but an unexpected change in circumstances, like job loss, can suddenly make paying child support much more difficult. To avoid the potential penalties for skipping payments, you'll want to ask your divorce law attorney about requesting a child support modification.
When to Request a Child Support Modification
If you fail to pay your child support obligations, the consequences could include the state garnishing your wages, issuing fines, denying you a driver's license, or even filing criminal charges that result in jail time. Contacting your attorney about a modification as soon as possible could help you avoid these penalties.
Courts recognize that parents' circumstances can change unexpectedly, so judges are willing to modify child support parents for a decrease in the paying parent's income, even a temporary decrease. You might also struggle to pay an existing child support order if you remarry or have more children whom you need to provide for. Requesting a modification won't erase any past-due payments, but it can decrease the amount you owe either temporarily or permanently, so it's often worth asking a judge to recalculate your payments sooner rather than later.
However, it's important to note that many states impose restrictions on how often you can file a request for a child support modification, such as only once every 18 months or two years. If you experience only a slight reduction in income and file for a modification, you might be out of luck if you completely lose your job and have to wait until the time limit resets. A divorce lawyer can offer advice about how significant of a drop in income is worth requesting a modification over. A judge might deny your request if the difference in your income now versus when the order was issued is not substantial.
Child Support Modification Orders Go Both Ways
It's also important to remember that your child's other parent can request a modification order if your child's expenses go up unexpectedly due to a change in education, health, or another reason. If your former partner requests an increase in payments that you cannot afford, your attorney may help you present your case before a judge.
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