Do I Still Have to Pay Child Support if I Lose My Job?

Yes, your Virginia child support obligation remains in effect until it is modified or ends. The State of Virginia views child support as the right of each child who receives it, underscoring its importance. If you have lost your job and can no longer keep up with your child support payments, you should file for a modification as soon as possible. Our experienced Virginia child support attorneys at Bristle Schulze can help.

After Losing a Job

Child support payments do not automatically stop or pause following the paying parent’s job loss. Your original court order will remain active, and automatic deductions can continue through your unemployment benefits. The State of Virginia will, however, modify existing child support orders in response to a significant change in circumstances, and job loss often qualifies as such.

The Steps Forward

If you’ve lost your job, there is no time to waste in relation to your child support obligation. There are several important steps you’re encouraged to take right away, and one of the most important is retaining the professional legal counsel of a trusted child support lawyer. Others include all the following:

• Do not wait to file for a child support modification. The court usually can’t lower payments prior to the date that you officially file for the modification, which makes time of the essence.
• File for unemployment benefits right away.
• Keep scrupulous records that include your layoff notice, proof of your lost income, and proof of your concerted efforts to find a new job.
• Pay as much as you can toward your current child support obligation, which lets the court know that you’re proceeding in good faith.

Points to Keep in Mind

If you were laid off or fired and it was outside of your control, the court is far more likely to consider it a material change in circumstances that supports a modification. If you quit your job or are intentionally working fewer hours, it will not work in your favor. Ultimately, the court bases child support payments on what the paying parent could be earning rather than on what they’re actually earning.

If you wait to file for a modification that lets the court know you’ve lost your job, you won’t receive retroactive relief that reaches back to the day you were let go. Instead, any unpaid payments will pile up and accrue interest over time. This past due amount will remain on your record until it’s paid in full, and not even bankruptcy can erase it.

Speak to Our Experienced Virginia Child Support Lawyers Today

Our well-respected Virginia child support attorneys at Bristle Schulze have extensive experience helping our valued clients achieve favorable outcomes, and we’re here for you, too. Your situation is too serious to ignore or leave to chance, so please don’t put off reaching out for more information by contacting us online or giving our firm a call at 703-454-0701 today.