What should you do if you lose your job and can no longer afford your child support?  Child support orders are based upon the amount of income you have at the time the order is entered.  They do not take into account any future circumstances, good or bad.

If you lose your job, or suffer a significant decrease in pay (such as changing jobs, losing your job, suffer a demotion or pay cut, or other such circumstances), you need to file a motion with the court to modify your child support obligation to take your changed circumstances into account and reduce the obligation.

The reason is that whether you can afford the obligation or not, it is a court order enforceable by the Texas Attorney General’s Office.  The AG keeps records of all child support paid.  If a delinquency occurs, the AG’s office can file a motion to enforce, regardless of your ability to pay or the wishes of the child’s other parent.  Complaints about loss of income/employment at that point will be met with a statement that you should have filed a modification.

It is vastly easier and less expensive to modify in advance of an enforcement action, than it is to defend the enforcement action and modify at that point.  If you have lost your job or suffered a material change in income, seek out the advice of an attorney as to whether you may modify your child support obligation.

Copyright © 2020 Drew & McCallum PLLC. All rights reserved. This article is intended to be an educational tool. We sincerely hope that it is helpful. However, neither this article nor any other on our website is legal advice. This website and the information found here cannot substitute for the advice of an attorney regarding your specific legal issues.