When you got divorced, the court looked at your earnings and determined that you needed to pay child support to your ex. You started making these monthly payments, which continued for a few years.
Unfortunately, your job did not continue until the support obligation ended. You recently got fired or laid off, and now you’re concerned about your ability to make those child support payments. If you don’t have any income, the payments clearly won’t fit into your budget, so can you just quit paying?
You need to modify the court order
The court will address this issue, as it is a serious concern. If you’ve had a major reduction in income, it can change what your overall financial picture looks like, including your ability to pay child support.
That said, you cannot just quit paying. If you do so, you will be in violation of a standing court order and could be held in contempt of court. You may even put your own parental rights in jeopardy.
Instead, you need to ask the court for an official modification. If this modification is approved, you get a new court order stating that you either do not have to pay child support or lowering the amount that you have to pay. But it is the court that makes this determination, not you, and so that is why you cannot just immediately stop making the required payments.
Your legal options
It’s important not to make mistakes regarding child support payments and other aspects of your post-divorce life. Be sure you understand exactly what legal steps you’ll need to take and what options you have.