Cant pay child support…?

What happens if you can’t pay child support? Maybe you’ve lost a job, or changed careers. Here’s some guidance:

1. You cant voluntarily underemploy yourself – If you’ve had to change careers out of necessity, that’s one thing. But don’t voluntarily quit your 100K corporate executive job because you want to pursue your dreams of being an artist.  Courts generally will not allow you to reduce your child support because you’ve decided to make less money.

2. With that said, if you are back in school for another or higher degree, or retraining, with the hopes of obtaining work that will make you more money or keep you employable, Courts will usually allow this.

3. If you temporarily cannot pay, you should begin payment again as soon as you can. You will owe the back child support, but if you are making diligent efforts to find employment and have been unemployed for a short period, Courts will sometimes provide you time to get back on your feet.

4. Always pay what you can. Even if you cant make the full payemnt–making something is better than making nothing. It makes you look like you’re trying, and will lower the amount you owe for back child support later on.

5. If you do not anticipate “getting back on your feet,” such as where you’ve been forced to make a career change into a field that doesn’t pay as much, and this is a permanent situation, you should file to modify your child support as soon as you can. Courts can retroactively lower your child support payments, but only back to the day you file for a modification. So during the period before you file for modification, you will owe the full amount of child support.

6. If you owe a large back amount (known as an “arrearage,”) the court will often allow you to pay it off in incriments or payments. Depending on your income, of course, the court will allow you to add $50, $100, or another sum on top of your normal base child support payment to go towards paying off your arrears. The more you owe in arrears, the more the Court will make you pay–which is why keeping your arrears low by paying what you can even iof you cant pay the full support will be helpful.

7. Even if the child’s other parent is accepting lower payments (say, by taking the payments and not complaining), he/she can always come back later to ask for the balance. A parent can’t “waive” the child’s support. So even if the other parent says “don’t worry about it,” “pay me what you can,” or just says nothing, he/she can always change thier mind later. It’s not up to him or her to change your child support. Only a court can do that.

Talk to a lawyer about modifying child support. Don’t wait too long–you don’t want a huge arrearage judgement, or worse, to have your license suspended or other penalties that the State can use to force payment.

Child Support Q&A

Here’s some info on Child Support that you may have been curious about…

Q: How is child support calculated?

Child support is calculated on a formula which is defined by law, and is based on the income of the parents. You can’t change the formula, however, like any formula, the outcome varies depending on what number you put in. Thus, most disputes over child support are over what income is being used to make the calculations.

Q: Can’t someone just quit their job, show no money and not have to pay child support?

No. A judge will impute income to parties. In other words, the judge will put in the salary figure that you should or could be making, based on your employment history, education, experience, health, age, etc.  The law does not allow you to purposely unemploy or underemploy yourself.

Q: What if someone’s new spouse or boyfriend/girlfriend has a lot of money?

The income of a new spouse, roommate, significant other, etc., is not calculated in child support. So if your ex is now living with a millionaire but he’s still making 30K, it’s 30K that’s put in the formula. Of course, if the new millionaire spouse is paying bills, and providing income to your ex through “gifts in kind,” this may be considered by the court. But the mere fact alone that your ex may be with someone who is financially well off, doesn’t calculate into child support calculations.

Q: What if I’m already paying child support on another child?

The amount that you pay on another (previous) child will be reduced from your income total for the purpose of child support, effectively lowering your child support obligation.

Q: What is the “gross up method”?

When the non-custodial spouse (the one that doesn’t have the child more than 50% of the nights) has the child for more than 40% of the nights in a year, a different child support formula is used. So, if Mom has the kids 55% of the nights, and dad for 45%, the gross up method is applied. The gross up method will cut child support very significantly; often approximately 50%. In some instances, the parent with the child more than 50% of the nights could end up paying child support to the other, depending on income.

Q: Why is the gross up method used?

The logic is that when the child is with a parent for between 40-50% of the nights, even though that parent isn’t the custodial parent, the child is with that parent enough that he or she has to pay groceries, electricity, gas, and all the other expenses that come with having your children with you so often. Thus, that parent gets a “break” on the child support.

Q: Who pays for health insurance?

Generally, health insurance is calculated into the child support guidelines.  Thus, the spouse paying support will pay extra for health insurance (although not 100% of it; only a portion pursuant to the guidelines).

Q: What about other items, such as private school, sports activities, college funds, etc.?

There is no obligation that this be included in child support. Other than in certain limited situations, such things, while obviously beneficial to the child, are not included and do not have to be paid or contributed to by the spouse paying support. Sometimes, if these items were paid during the marriage for a significant amount of time, and there is a financial ability by the paying spouse, it will be ordered.

Q: How can I get child support collected through the state?

You should take your child support judgement to the Department fo Revenue for them to see if you qualify to have the state collect and enforce your agreement. You also have the option of the court entering an Income Deduction Order (IDO) which requires yoru spouse’s employer to automatically deduct payments from his check.

Q: Do I need an attorney to handle these kinds of things?

It depends on how complicated your matters are. Florida provides worksheets–basically, forms for lay people to fill out to get access to court to deal with routine matters. Of course, every case is different, and you may want an attorney depending upon the complexity of your case. The forms can be found by searching “Florida Family Law Forms” on the internet (Ill post a link to them when I get the chance…)