No matter how you plan your divorce and child conservatorship, there’s always a chance that something unexpected will happen. Sudden or unplanned unemployment can completely upend a parent’s plans. With job searches taking longer than ever, continuing to pay child support can become difficult. Unfortunately, child support does not stop just because a parent becomes unemployed. One thing you should not do is delay contacting the State of Texas to discuss modifications to your child support calculations. The state has support guidelines for unemployed parents to help accommodate them until they work again.
Notify The Court
If you find yourself experiencing a reduction or loss of income, it’s vital to act fast and become proactive immediately to prevent problems later. Section 156.401 of the Texas Family Code includes provisions to request a modification in child support obligations if a parent experiences a “material and substantial change in circumstances,” including a job loss, change, or reduction in income.
First, continue paying the current court-ordered amount of child support to avoid becoming delinquent and setting off remedial actions for nonpayment. You can only get changes to your child support calculations with a court order. That’s the next step.
You’ll also need to notify the court where your support order was issued, or the Texas Attorney General, right away, to discuss getting help with modifying your child support calculations due to job/income loss or reduction. You can request modifications for any reason but must show the court why you need this assistance.
Supporting Documentation
The court won’t act just on a request. You’ll need to demonstrate why you need a modification, no matter what the reason. The court will examine your financial situation, so you’ll need to provide documentation on:
- Loss of your job (layoff notice, termination papers, etc.)
- Loss of or reduction in income
- Unemployment benefits
- Any income from freelance work or part-time employment
This shows how your current child support calculations impact your income and why you’ll need a reduction until you are fully employed again.
You’ll also need to provide the court with evidence of your job search, including your activity for finding gainful employment.
What About Unemployment Benefits?
If you are receiving unemployment benefits, up to 50% can be taken to pay your child support obligations through garnishment. The state prioritizes the child’s best interests and wants to ensure that child support is paid no matter what happens, especially if it becomes delinquent.
Unemployed Parent Support Guidelines—Getting Back To Work
Texas is serious about child support. To help noncustodial parents who have become unemployed, Section 154.017 of the Texas Family Code gives the court the power to order under-employed or unemployed parents to enroll in job assistance programs, job training, or placement programs. The court can also order a parent to get a job, any job, to begin paying child support.
Parents do not have the choice to avoid employment if they are still bound by a child support order. Ignoring these orders can lead to contempt of court charges, fines, jail time, and other sanctions.
Temporary Vs. Permanent Modifications
This process does take time, so it’s vital to begin immediately.
For an unemployed parent or one on leave or laid off, the court can temporarily modify their child support payments until the parent returns to work and can continue paying the ordered amount. But for a parent facing disability or permanently unable to return to work, the modification can be made permanent based on the parent’s financial situation.
Note that a temporary modification that lowers child support payments while unemployed may extend your time paying child support. But if your new job pays less than the last one or is only part-time, the modification may be longer or become permanent, depending on your circumstances.
When your situation improves, you can return to court for a new modification.
Get Help With Child Support And Other Family Law Matters
Wendy L. Hart is an experienced family law attorney serving families throughout Tarrant County and the Fort Worth area. We represent both men and women in family law matters and are happy to discuss your child support claim with you. Use our online contact form, or call us at (817) 842-2336 for an appointment.
