Can you stop paying child support if you lose your job?

You and your spouse are both employed when you decide to get a divorce. However, due to the specifics of the divorce – such as how parenting time is allocated or if there is a major discrepancy in your earnings – you are ordered to pay child support. You have a fairly good job so the payments are affordable for you, and you make them for the first few years.

But then you lose your job. It’s nothing that you did wrong and it’s not your fault. Maybe the company just downsizes during an economic recession and your job is eliminated.

No matter why you lost the position, you can no longer afford the child support payments. Are they automatically canceled because you don’t have any income? Can you just stop paying?

The order needs to be modified

No, you cannot stop paying. The court order mandates that you make those payments on time, and it still stands, even if you’ve lost your job. You are legally obligated to follow that order until it is modified or a new order is issued.

Of course, losing your job may make your payments impossible. At a time like this, you may need to approach the court and ask for a modification or ask them to consider issuing a brand-new order. All of this is possible, but you need to take the proper legal steps. Don’t just stop making your payments, assuming that you don’t have to pay while you are unemployed.

Child support issues can often cause disputes between co-parents. If you’re going through this complex process, carefully consider all of the legal options you have, along with your parental obligations.