The last few years have been difficult for workers all over the country. Unemployment is high and many employers have had to let people go in order to get by. If you are a child support payer and you suddenly find yourself out of work, you face a difficult situation because even though you no longer have a source of income, you are still expected to make your full child support payments on time.

As with any change in income, you must let your child support agency know that you have lost your job within 10 days. The same rule applies if you get a new job, change jobs, or your income changes. At this point, if your unemployment is expected to last at least 6 weeks, you can ask the court to review the child support order. The important thing to remember is that a court will not automatically review your order and you cannot simply stop paying support because you don't have the money available.

A court generally has some discretion in deciding to review an existing support order. The court's actions will depend on the individual circumstances, but typically, a court will review an order if it has been more than three years since the last review, or if it has been less than three years, they will likely review the order if one parent has experienced a "substantial change in circumstances."

What constitutes a "substantial change in circumstances" may depend on the facts of a particular situation. If an individual takes less money or voluntarily quits their job, chances are it will not be considered a substantial change. However, if someone losses their job or suffers a drop in income through no fault of their own, it may be more likely to be considered a substantial change by the court.

Regardless of the circumstances of you situation, the main thing to remember is that child support obligations do not stop just because the payer lost his or her job. In order to make sure children get the support they need, and to ensure that you do not inadvertently violate a court order, you need to be proactive in addressing these issues if you have lost a job.

Related Resource:

Job Loss & Child Support