As today’s economy takes its toll on people around the world, what happens if you can’t afford child support? Although many parents fail to meet payments for selfish reasons, not all parents default on child maintenance payments because they feel spiteful or have neglected their children; some simply do not have the money available to pay on time. For example, what happens if you lose your job or become disabled and are no longer able to work?
According to a census conducted in the United States, only 45.3% of custodial parents were paid the full amount of child maintenance owing to them. This means that there are a great number of non-custodial parents who find themselves unable to pay the full child support amount required of them, some with valid reasons for not being able to do so.
So, what happens if you can’t afford child support? The first thing you should do is contact the relevant Child Support Enforcement Office where the order for child support was issued. There you can file a motion requesting a modification of the child support amount due to your changed circumstances.
The amount of child maintenance initially ordered to you was determined on your financial circumstances at that time, but there circumstances are likely to change as time goes on for a multitude of reasons. If your circumstances do change for any reason, it is best to request a modification rather than failing to pay the child support in full. You should address the issue before it becomes a real problem. Missed child support payments can affect your credit record, affect the custodial parent and the child who are expecting a certain amount of money, and is a criminal offence.
In fact, you can actually find yourself behind bars if you are behind on child maintenance payments. Each year in the United States, thousands of parents are jailed after neglecting to pay the child support ordered by the court. Many of these parents are withholding money out of spite or because they think the amount they are forced to pay in unfair, but some parents have been locked away because they simply don’t have the money to pay what they owe on child support; and because they can’t afford legal representation, they find themselves in jail. This is why it is so important to approach the court as your situation changes, rather than waiting and missing payments, ultimately landing you in hot water with the law.
It is also important that the modification be made formally though the court. If you enter to a non-binding or oral agreement with the custodial payment you are not protected by law with the agreement, and the custodial parent could still possibly hold you accountable for the initial full amount that you are now unable to pay. To avoid having a dispute in the future over money that is owed, rather have the amount changed officially.
What counts as changed circumstances?
- A change in income
- Medical expenses
- Additional costs incurred as the child grows and his or her needs change
- Unemployment
Note that providing for another child of yours is not one the circumstances that will allow you to reduce your child maintenance payments. The court does not grant decreased child support because you have a new family to support.
When you approach the court to ask that the support amount be decreased, you need to convince them that the existing guidelines are inappropriate in your case. To do so, it is advisable to draw up a budget of your monthly income and expenses so that the court can see that you cannot afford what is currently due. The court will also consider factors such as the needs of the child, the child’s age, the expenses incurred by the custodial parent or any other factors that take into consideration the best interest of the child.