Child support obligations help to ensure a fair division of parental responsibilities. A parent who has less time with their children or who has substantially higher income than the other parent may need to pay child support.
Their financial obligations help ensure that their children maintain a reasonable standard of living despite the change in family circumstances. Although the other parent receives the support payments, the funds are for the children. They often help reimburse a parent for costs they have already covered for the children, such as groceries and housing expenses.
A change in either parent’s finances while a child support order is in place can raise questions about the fairness of a current order. If a parent who pays support loses their job suddenly, are they eligible for a reduction or elimination of their child support responsibilities?
Parents must pay regardless of employment
Generally speaking, parents have a responsibility to their children that persists regardless of their employment status. The state does not take any automatic steps to modify support obligations after one parent loses a job.
If the paying parent truly cannot afford support, they may need to petition the courts for a modification. The courts may agree to temporarily reduce how much they owe each month. That can help limit the arrears they accrue. However, the courts do not pause or eliminate child support obligations due to unemployment if a parent is capable of working.
Parents concerned about avoiding substantial arrears or enforcing a child support order may need to discuss their circumstances with a professional. An attorney can help those facing complications related to shared child custody, including child support issues, to clarify their rights and options.