If you were part of a divorce or legal separation that involved children, your case likely ended with a child support order. Whether you are the payer or payee of child support in California, losing your job will have an impact. What the effects may be and how you can address them depends on the circumstances.
You Still Owe Child Support as the Payer
A child support order will not automatically end if you lose your job as the paying party. Your child support obligation will remain the same until and unless the courts grant an official modification of support request.
It is important not to alter the order yourself, come to a verbal agreement with your spouse or discontinue paying. These actions can put you in arrears on your child support obligation, which can result in civil and even criminal consequences. Instead, you need to go to the courts and petition a modification of your child support order.
What to Do if You Lose Your Job
If you lose your job as someone with a child support obligation, you should immediately start taking steps to replace it with a new position. In the meantime, any substantial change in your financial circumstances can justify a petition for child support modification with the courts.
Fill out the paperwork to file the petition to modify your support order. The courts will give you a hearing date. At this hearing, you can provide evidence that you lost your job. If the court decides that your claim is legitimate, they will modify the custody support order to match your current circumstances.
In the event that you get a new job, you will have to return to the court and update them about your employment status. This may result in the reinstatement of your original child support order or the courts granting a new order that reflects your current financial situation.
Losing Your Job vs. Quitting
It is important to note that losing your job involuntarily vs. voluntarily leaving or quitting are two very different things in the eyes of the Sacramento family courts. Getting fired or laid off is considered a substantial change in a parent’s income for child support purposes. Quitting or otherwise reducing your income by choice, on the other hand, is not enough to alter a child support obligation.
Communication Is Key
There are significant consequences for refusing to pay a child support order in California. It can be helpful to communicate your situation and the loss of your job to your ex-spouse to avoid legal action being taken against you.
Open communication may make your ex-spouse willing to negotiate a temporary adjustment of the terms of your support order while you search for a new job. Collaboration can help ensure the needs of your child are still met while allowing you to avoid legal consequences.
What if You Are the Receiving Parent?
If you are the parent who receives child support payments from your ex-spouse and you lose your job, this can also constitute a substantial change in financial situation that should be reported to the courts. If you need additional financial support from your ex-spouse for childcare, the courts may grant a temporary modification to fill the income gap.
For official legal advice on the effects of job loss on child support, contact our child support lawyer in Sacramento at Boyd Law.
