If you have just lost your job, you are likely working around the clock to manage your bills. During this time, you might worry about what will happen if your current financial status prevents you from meeting child support obligations. This blog outlines how Texas laws address this issue and the steps you can take.
Your support obligation does not stop
If you stop making payments or pay less than the ordered amount, you will accumulate arrears or debt. These unpaid amounts can grow quickly and lead to enforcement actions.
Under Texas law, a court may adjust your payments if your circumstances have materially and substantially changed since the original order, or if the order is at least three years old and differs from current state guidelines by either 20% or $100.
A significant income reduction or job loss often qualifies as a material change. However, the court will not automatically be aware of your predicament or make adjustments without proactive legal action on your part.
Your responsibility to seek modification
When you file for a modification of the child support agreement, you will typically need to provide documentation, such as:
- Termination letters or layoff notices from your employer
- Proof of unemployment benefits or severance payments
- Evidence of your active job search efforts
- A summary of your current monthly expenses
You can request a review of your child support order through the Texas Office of the Attorney General or file a petition for modification directly with the court.
Proving reasonable efforts to find work
If a judge suspects you are intentionally avoiding work or are voluntarily underemployed, the court might calculate your support based on your earning potential rather than your actual income. The court may also order you to participate in employment assistance programs or job training.
Your options while waiting for court approval
The modification process takes time, and you might feel uncertain about what to do in the meantime.
One option would be to continue making payments to the best of your ability. Partial payments reduce your total debt and can help support a defense against contempt of court charges, although you will still owe the full unpaid balance plus 6% annual interest.
Communicating honestly with your former spouse can also be a good idea. While informal agreements cannot replace a court order, maintaining a cooperative relationship may reduce conflict during this difficult time.