Saturday, July 31, 2010

What happens to the parent paying child support if they lose their job?

my fiance pays child support (they were never married) and owes some back support which he with my help has been paying off. He just lost his job and is having trouble finding another one, what will happen to him in regards to his child support penalties? Will the usual monthly amount still keep adding up? Is he still expected to pay the same amount even though he has no income coming in right now? And can they come after my income after we are married if he still does not have a job?What happens to the parent paying child support if they lose their job?
Yes the normal amount will continue to rack up, even though he does not have a job. The only way the will lower it (not get rid of it) is if he asks for a modification review. However, simply losing your job is not a reason to ask for a review if it has not been 3 years since the last review. If you lost your job %26amp; are recieving unemployment, that is an acceptable reason. Or if you lost your job %26amp; have been unemployed for at least 3 months consecutively. Once he does get his new job if he is making at least 30% less than before that would also be a good reason to ask for the review at that time. They will never back date a review.





The only way they can go after your income is if you share a joint checking account %26amp; they try to sieze his bank account for unpaid child support. Also if you file married jointly at tax time, they can go after your share of the refund if he has back support %26amp; you do not file an injured spouse form. Other than that, I need to know your state. MOST states will never go after or include the income/pay checks of a new spouse, however there are a few that will.





The penalties on him not paying the support vary depending on how far behind he is. Once he does get a new job they will order the normal monthly amount to come out of his pay checks %26amp; an additional 20% to go towards arrearage until it is paid off. If he gets over $500 %26amp; 3 months behind they can take all of his tax refunds, state %26amp; federal. Again depending on the amount they can do all of the following as well. Take his driver's license, put it on his credit report, keep him from getting a passport, put a lien on any property he owns (car, house, etc.), freeze %26amp; sieze a bank account, %26amp; jail time. So he wants to find some way to make at least some payments, %26amp; ask for the review when applicable. The review as I said will not get rid of the support, even though he is unemployed, but it will lower the monthly amount to something that will not get the back balance as high so quickly %26amp; will be easier to catch up later.





I hope that helped.What happens to the parent paying child support if they lose their job?
I'm not a Laywer, but where I live he would still have to pay, but the child support would be lessened, because it goes by the income. As far as his back support, he would still have to pay that, but they could take into consideration of the situation of him losing his job, %26amp; not up the interest or give him more time.





I feel for your predicament, but the Parent that's raising the child still has to carry on whether they lose their job or not.





As far as getting married, yes your income will be combined with his, so his Ex could ask for an increase. I'm a stay at home Mom (not by choice, by lack of jobs), %26amp; my Common Law Husband's income was used in Court as my income also. So even though my Ex pays me child support, he argued that I didn't need an increase because my Common Law Husband makes more than he does.
The answer is yes to all of your questions. He must keep paying the same amount of child support even though he is unemployed, and if you marry, your household income becomes attachable for child support payments.





Also, if the two of you work, the house hold income will be used to figure how much child support should be paid each month, so the mother can ask the court for an increase.
You need to go to court to get his child support lessened!!!! ASAP! They base it off his income and if he's not making any income, he should have it lessened. I don't think they'll completely get rid of it, but they should lessen it. As for when you are married... I don't know. My uncle and ';aunt'; purposely aren't married for that very reason. They live in Virginia and he pays child support overseas to Germany...so it may be different in your state. But my other uncle paid child support and alimony (from Colorado to Illinois) and they didn't come after my aunt's income at all.
Can they come after you after marriage that depends upon where you live.





Child support still does need to be paid even while unemployed. He should notify the courts of his employment status as to not incurs further penalties however he will still be incurring a debt and still have to may payments. Whether there will be an adjustment or not depends upon what he is paying.





He needs to take another job, any job fast.

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