When Job Loss Affects Child Support

File for Modification NOW — Not Later

If you've lost your job and have a child support order, the clock is ticking against you. Child support arrears accumulate from the date of the existing order, not from when you eventually file for modification. Every week you wait is another week of debt building at the old rate.

What to Do Immediately

1. File for Modification

File a motion to modify child support with the court that issued the original order. You don't need an attorney for this (though it helps). State the change in circumstances (job loss) and request a temporary reduction.

2. Document Everything

• Termination letter or layoff notice
• Last pay stub (shows your previous income)
• Unemployment benefits documentation (if applicable)
• Job search log: Date, company, position, how you applied, response. Start this immediately — courts want to see active efforts.
• Monthly expenses: Show the court your current financial reality

3. Keep Paying What You Can

Even if you can't pay the full amount, pay something. Courts view partial payment much more favorably than zero payment. It shows good faith.

4. Don't Wait for the Perfect Moment

There's no good time to tell the court you lost your job. But the worst time is after you've accumulated months of arrears you can't pay.

Understanding Imputed Income

Imputed income is the amount the court assumes you can earn, regardless of what you're actually earning. If the court believes you're voluntarily underemployed or not trying hard enough to find work, they can calculate support based on what you could earn, not what you do earn.

Factors courts consider:

• Your education and work history
• Available jobs in your field and area
• Your job search efforts (this is why the log matters)
• Whether you left your job voluntarily
• Any barriers to employment (disability, lack of transportation, etc.)

To avoid imputed income:

• Maintain a detailed job search log
• Apply for jobs consistent with your experience and education
• Accept reasonable employment even if it's not your ideal position
• File for unemployment benefits
• Consider job training or retraining programs

Emergency Modification

Some states allow emergency modification of child support for sudden income loss. Check with your court or an attorney:

• LawHelp.org — find free legal aid
• Your state's child support enforcement office (search [state] child support services)

Unemployment Benefits and Child Support

Child support can be deducted from unemployment benefits in many states. If you're receiving unemployment:

• Report it to the child support enforcement agency
• It may not cover your full support obligation, which is why modification matters
• Unemployment income is temporary — plan for when it ends

What Happens If You Don't Pay

Ignoring child support obligations leads to:

• Wage garnishment when you get a new job
• Tax refund interception
• License suspension (driver's, professional)
• Passport denial
• Contempt of court (potentially jail)
• Credit damage

Filing for modification protects you from these consequences by establishing that you're acting in good faith.

Next Steps

1. File for child support modification this week
2. Start your job search log today
3. File for unemployment benefits if you haven't already
4. Pay what you can, even if it's partial
5. Find free legal help: LawHelp.org, ABA Free Legal Answers