Losing your job can be unnerving, especially when you have a child. Unemployment can affect your ability to pay child support. Here is how unemployment affects child support in California.
What To Do If You Become Unemployed and Owe Child Support
You are still obligated to pay child support when unemployed, but can potentially receive benefits or even change your child support order.
Firstly, if you become unemployed, you should file for unemployment and consult California’s Employment Development Department to see whether you are eligible for Unemployment Insurance (UI) benefits. If you are eligible for unemployment benefits, notify the unemployment office of your outstanding child support order. The unemployment office will then deduct the child support payments from your unemployment wages.
If you are ineligible for UI benefits, continual work with your family court and your child’s other parent during unemployment is essential. In addition, you should document your ongoing job search.
Related: How to Enforce Child Support in California
Changing Your Child Support Order
If there has been a change in your financial situation due to unemployment, a new court order must be signed and filed with the court to change the amount of child support due. Child support modifications will not automatically happen when you lose your job. However, child support changes require a change in circumstance, which the loss of a job may constitute.
If you would like to change your child support order due to unemployment, you have multiple options. You can either petition the court yourself with the help of your county’s Family Law Facilitator or a private attorney, or your local child support agency can review your case.
When petitioning a modification in child support, you will need proof of the following:
- Your income and expenses
- Any child care expenses
- Medical insurance
- Your disability status
- Jail or prison status
- Unemployment benefits
- Retirement income
- Your current custody and visitation arrangements
If you and the other party can come to an agreement on the modified child support amount ahead of time, you can sign a Stipulated Agreement (Form FL-350) that must be filed with the court. If there is not an agreement, you will have to appear in court where a judge or commissioner will decide the amount.
Related: When Child Support Can Be Modified in California
FAQs
How do I modify my child support if the other party lives outside of California?
If the other party lives in another state, your child support agency may have to request that the state of residence of the other party conduct a review and request a modification.
What if my request to modify child support is denied by my local agency?
Even if your request is denied by your local agency, you are able to go to court and have a judge or child support commissioner decide your order.
Related: How to Get Child Support If The Father Is Not Working
Contact Us
If you or a loved one would like to know more about how unemployment affects child support in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal matter. Get your free consultation with one of our California Child Support attorneys today!