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Divorce Question — child support modification after job loss

Started by confused_tenant_legal · Apr 17, 2024 · 931 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CT
confused_tenant_legal OP

Quick background on my situation — any input appreciated.

child support modification after job loss. I've been dealing with this for about 14 weeks now and the situation isn't improving.

I have already tried to resolve this directly but the other party is not cooperating.

Do I have a strong case? What should my next steps be?

RM
RestaurantOwner_Miami

Not a lawyer, but I have direct experience with this.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

WE
worried_employee_2022

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

DT
DadLostJob_TX

Lost my job 3 months ago. Current child support obligation is $1,800/month based on my previous $95K salary. I'm now making $55K at a new job. I'm falling behind on payments. Can I get the amount modified, and what happens to the $5,400 I've fallen behind on?

FT
FamilyLaw_TX_Counsel

You can petition for a modification based on a "material and substantial change in circumstances" — losing your job and taking a 42% pay cut qualifies. In Texas, child support is typically calculated as a percentage of net income (20% for one child, 25% for two, etc.).

Important points:

  • Modification is NOT retroactive to the job loss — it's effective from the date you FILE the modification petition. File IMMEDIATELY. Every month you wait is another month at the higher rate you'll owe.
  • The arrearage ($5,400) doesn't go away. You still owe it. But you can negotiate a payment plan on the back amount.
  • Voluntary vs. involuntary: Courts scrutinize whether the income reduction was voluntary (quit to avoid child support) vs. involuntary (laid off). Your situation (job loss + lower-paying replacement) is clearly involuntary.
  • Don't just stop paying: Pay what you can. Courts look favorably on parents who make good-faith partial payments rather than paying nothing. Non-payment can lead to license suspension, contempt, and even jail in Texas.