What if you can’t afford to pay child support? Does a financial hardship have you behind on your child support payments? Not only can this create stress and anxiety, but it can also make it feel impossible to catch up.
Fortunately, if you are late on child support, there are a few things you can do. Let’s discuss.
What If I Can’t Afford to Pay Child Support?
Difficult times fall upon the best of us. If you find yourself in a situation where you’re struggling to meet your child support obligations, we recommend doing the following:
Contact a Child Support Lawyer
Our child support lawyers can advise you on the best next steps for your situation. Although it might seem contradictory to hire a lawyer when you can’t afford to pay child support, hiring a lawyer to present your case can save you fees and penalties, or worse. If you cannot afford child support due to a recent job loss or significant life change, the court will usually grant child support modification orders.
These must include justification on how the child support total should be adjusted. If you are not working to avoid child support, that is not a legitimate reason for a child support order modification.
You will need to have lost your job or suffered an unavoidable economic hardship. The judge will make the ultimate call, but having an attorney in your corner is important to ensure the child support obligations are reasonable based on your income and contributions in your little one’s daily life.
If You Can’t Afford to Pay Child Support, Compile Proof of Your Change of Circumstances
To qualify for a child support order modification, your financial circumstances must have changed drastically. Prepare and document any proof of this so that your child support attorney can present it to the judge when the time comes to petition for a child support order modification.
How does proof work? Let’s say that your hours were cut at work without notice due to the pandemic. You will need to have a W-2 or some type of pay stubs to show your new monthly income.
A child support order is based on both parents’ income. Therefore, if one parent’s income goes down (or up) a significant amount on a consistent basis, the judge might approve a modification. (Work with your attorney to better understand how the child support calculator works in situations like this.)
Don’t keep your co-parent in the dark
Communication is instrumental in co-parenting, and failure to meet child support expectations is no exception. Do not wait until the last minute to inform the other parent that you cannot afford to pay, as they can take you to court for failure to pay (which can result in getting your wages garnished).
Instead, let your co-parent know what is going on. This can prevent them from counting on your child support payment so that they may make alternate arrangements to pay for your shared child’s living expenses.
Talking to them in advance will give them a chance to make work plans (possibly working overtime this month) to make up for the missed payment or borrow money from a close friend or family member. Honesty is always the best policy. Communication keeps everyone on the same page.
Conclusion
Child support can be overwhelming at times, but our attorneys help make things uncomplicated. If you are facing financial troubles and are unable to stick to your regular child support payment, you will want to contact a child support lawyer right away.
Not only can a lawyer explain your options, but we can also execute those options for you (e.g., by filing for a child support order modification). You might feel stuck in your present situation, but you do not have to for long.
Contact us today for a no-obligation consultation.