In California, child support is based on an algebraic formula which takes into account a variety of factors including each parent’s tax filing status and average monthly income.
Child support is usually awarded to the parent with whom the child spends the majority of his or her time with, called the custodial parent, and is paid by the non-custodial parent. This is because the courts assume the custodial parent is already spends their money directly on the child.
Child support amounts also vary depending on federal and state taxes and union dues, and the number of children. Sometimes, the amount of money allotted for child support can be as much as 40 to 50 percent of the non-custodial parent’s income.
If a non-custodial parent paying child support loses their job or is unable to work, they may be left wondering how they can still provide child support payments.
If you find yourself unemployed and still required to pay child support, you may be tempted to just pay whatever amount you can afford until you get back on your feet. However, this course of action can have negative consequences. You will accrue an arrearage (a debt) which would allow the custodial parent to file a contempt action.
This could result in you not only having to pay the arrearage, but also court fees for the costs of litigation. Also, if the court does find you in contempt for failure to pay child support, you may have to pay your spouse’s court fees as well.
Even if you make an informal agreement with your spouse to pay less than the court ordered amount of child support, the informal agreement will not affect the court-ordered obligation, meaning your spouse could still file a contempt action at any time.
Luckily, child support orders can be changed. Either parent can request a child support modification at any time, as long as you can show their has been a significant change in circumstances. Factors that qualify for a child support modification include:
- The income of 1 or both parents has changed
- A parent has lost his or her job
- A parent has been incarcerated
- A parent had another child from another relationship
- The child’s needs may have changed
- There have been changes in any of the factors that are used to calculate child support.
So, filing for a child support modification in case of unemployment may be your best option. Sometimes a parent paying child support may become voluntarily unemployed to try to reduce child support payments, but the courts take rigorous measures to ensure a parent cannot avoid child support payments this way.
If a parent is found to be purposefully avoiding their responsibilities, the court may award additional income to the parent receiving child support. To prevent this, the court will want to know why you have a sudden decrease in income.
You will have to show the court that you are reasonably and diligently attempting to find work but are still involuntarily unemployed. The court also will view you as involuntarily unemployed if you are suffering physical or mental disabilities that limit your ability to work.
For further help of proving you are involuntarily unemployed and for filing a child support modification order, consult with an experienced family law attorney.
