What if I Cannot Afford to Pay Child Support?
In a divorce involving minor children, the court will typically order the noncustodial parent to pay child support to the custodial parent. This is because the law states that all parents should provide financially for their children. However, despite court orders, child support is not often paid on time. In fact, in the United States alone, there are 10 million parents who are behind on payments.
While some parents deliberately try to avoid making payments, that is not always the case. Some parents suffer financial difficulties and are truly unable to make payments. Some lose their jobs and have little or no income. Others suffer medical issues and become disabled or unable to work for a temporary period.
Life happens, and you may come across a situation where you are unable to pay child support. When this happens, you need to know what to do. In any case, you need to be proactive and take steps to address the situation. If you go into default, you could face serious financial and legal penalties, such as wage garnishment, asset seizure, license suspension, and even jail time.
Contact the Court or Child Support Agency
If your financial situation has changed since the child support order was issued, you can request a modification of the order. Courts understand that circumstances change, and if your income has decreased significantly, they may be willing to adjust the support amount to help you out financially.
File for a Child Support Modification
You can formally petition the court for a modification of the support order. You will likely need to provide documentation of your income, assets, expenses, and changes in your financial situation. Keep in mind that until the court approves a modification, the original agreement remains legally binding.
Work With the Custodial Parent
In some cases, the custodial parent may be open to discussing an informal agreement or temporary arrangement if you’re facing a temporary setback. Be transparent and honest about your situation to try to work out a solution together. Mediation may be helpful.
Request a Payment Schedule
If you’re sincere about improving your situation, requesting a more manageable payment schedule can help you keep up with child support payments while lowering the amount you owe in your regular payments. That way, your child will continue to receive at least some money to help pay for their care. If the other parent doesn’t agree to the new payment schedule, then a judge will need to decide.
Explore Government Assistance Programs
If you’re struggling financially, there may be state or federal assistance programs that can help with your overall expenses, such as food assistance, rent support, or job training programs. These programs can help free up funds to contribute to child support.
Contact Us Today
If you can’t afford child support, you’re not alone. However, you cannot simply ignore the court order. You need to be proactive and seek help, or you could face fines and other penalties.
A Cherry Hill family law attorney from Fiore Law can stand up for your legal rights. We will do everything possible to get the support calculation you need. Schedule a consultation by calling (856) 214-8964 or reach out online.