What Happens If You Can’t Afford Child Support?

Child Support Determination

The non-custodial parent is typically ordered to pay child support when custody is decided. These payments are used to help pay for the children's education, healthcare, daycare, and any special needs. The needs and income of the custodial parent are sometimes also considered when determining child support.

Child support payment amounts are determined based on a formula that considers a variety of financial factors. An attorney can help give you an idea of what a reasonable amount of child support might be as opposed to an excessive amount of child support based on your income, your child’s age, and your child’s needs.

Excessive Child Support

If you think the amount of child support you’ve been ordered to pay is excessive, it’s understandable that you might be tempted not to pay your child support. Not paying child support is not a good idea. It could lead to you being taken back to court and potential legal action.

The court-ordered child support payment should not be more than you can afford to pay. You shouldn’t be forced to make drastic lifestyle sacrifices or work overtime or extra jobs in order to afford child support.

Sometimes, child support determinations are made based on incomplete financial information, which can lead to ordered child support payments being excessive. An attorney can help correct this issue as part of a child support modification.

Need for Child Support Changes

The courts understand that life circumstances change and that child support payments may need to be changed. There are a variety of life changes that could allow for changes to your child support agreement. Getting remarried, having more children, your co-parent getting remarried, losing your job, changes in your income, health changes, or changes to your child’s needs are a few examples of things that can impact child support.

The court is more likely to be understanding of child support modifications if time has passed since your initial child support agreement has been ordered. If the original child support agreement is more recent, getting a modification may be more difficult.

Child Support Modifications

Issues with paying child support are commonly a result of unexpected changes like losing a job, a medical emergency, or not having enough income. If you need to make adjustments to child support payments, you should always make them through the courts. Making an informal agreement with your co-parent might be easy, but this can be risky. With an informal agreement, your co-parent could take you to court for any missed payment amounts.

Modification

A judge makes child support modifications. When determining child support, the judge will consider your income, age, earning capacity, and other factors. If significant changes to any of these factors occur from the initial child support determination, the judge may re-set your monthly child support payment amount.

Payment Schedule

When seeking a change to child support, you could be granted a more manageable payment schedule. This would lower the amount you owe in a single payment for a period of time while you figure out your financial situation.

Modified Arrangement

If you’re unable to make child support payments, it’s a good idea to let the court know before you miss the payment and explain the circumstances. This could make them more willing to set up a modified child support arrangement. A modified arrangement can be structured so you can make your payments, but your child and the custodial parent can still get the money they need.

Contact A Child Support Attorney

If you’re having issues with child support and you can’t afford to make your payments, you can try to get a child support modification. A child support attorney can help work with you to present your financial information for a modification.

Jason Campbell is an experienced child support attorney who will fight for your needs. Contact us today to learn more about how we may be able to help you.