Job Loss Could Affect Your Florida Child Support Obligation

In Florida, parents are expected to financially support their children, regardless of whether those parents are in an ongoing romantic relationship. For many, this means that one of the parents will be required to pay child support to the other on a monthly basis once the couple is no longer together. Child support orders are legally binding, which means that parents who refuse to abide by their terms by missing payments could face serious sanctions, including the loss of their driver’s license, wage garnishment, and fines. Courts are, however, willing to take things like job loss into account and if requested by the paying parent, could modify a child support award to reflect the change in his or her financial circumstances.

Child Support Amounts Are Largely Based On Income

 How much a non-custodial parent owes in child support is based partly on each party’s income, as well as the family’s expenses, the child’s needs, the number of children being supported, and how often the parents see the child.  When one of these factors changes, which could involve a demotion or job loss, the amount that a person was required to legally pay in child support may no longer be possible. In these cases, the paying parent can ask the court for a temporary modification of the child support award to ensure that he or she isn’t penalized for a failure to pay.

Penalties for Non-Payment of Child Support 

Parents who don’t pay child support could end up facing a number of legal repercussions, including:

• Garnishment of their wages or benefits;
• Suspension of their driver’s license;
• The assessment of fines and fees; and
• Jail time.

Because these penalties are so severe, parents who can no longer meet their child support obligations, whether due to a job loss or another legitimate reason, like the onset of a serious medical condition, should be sure to seek a modification of their order as soon as possible. By doing so, parents can avoid acrimonious confrontations with their co-parent, as well as the legal repercussions of non-payment.

Modifying a Child Support Order Based on Loss of Employment 

Losing one’s job is stressful, especially for those who have a financial obligation to their

children. Fortunately, it is possible for parents who are unable to make their child support payment due to job loss to ask the court to officially modify their award. In order to obtain such a modification, the petitioning party will need to provide proof of a substantial change in circumstances, like a loss of income. While judges are not often willing to eliminate the child support obligation entirely, they could reduce the amount owed until the paying party is able to secure new, or better paying employment.

Our Dedicated Legal Team Can Help 

To speak with an experienced Clearwater child support modification lawyer about asking the court to modify your own child support order, please call Cairns Law at 727-683-1472 or reach out to us via online message today.

Sources:

 floridarevenue.com/childsupport/change_support_orders/Pages/change_support_orders.aspx

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Supplemental-Modification-Petitions-12.905-Forms-A-C/Supplemental-Petition-for-Modification-of-Child-Support