Lost Your Job and Cannot Pay Child Support: How to Modify the Order Before Arrears Build

Losing a job does not pause a child support order. The amount keeps accruing until a court changes it, and the change usually applies only from the date you file. Acting quickly protects you from a large debt.

What to do first

1. Contact the state child support agency or the court clerk and ask how to request a modification.
2. File as soon as possible. In many states a reduction cannot reach back before the filing date.
3. Keep paying what you can, even a partial amount, and keep proof.
4. Gather proof of the job loss and your income: termination notice, unemployment award, recent pay stubs, tax returns and bank statements.
5. Keep a record of your job search.

What courts look at

• Whether the change in income is substantial and likely to last.
• Whether the job loss was involuntary, such as a layoff, or voluntary, such as quitting.
• Your efforts to find comparable work, and whether the court should treat you as able to earn what you earned before.
• The other parent's income and the child's needs.
• Other factors under your state's guidelines, such as parenting time.

Arrears are harder to erase

Past-due support is generally treated as a debt owed to the other parent, and courts usually cannot reduce amounts that came due before you filed. Some states allow arrears to be reduced by agreement, in very low-income situations, or with interest waivers. An agreement should be in writing and approved by the court or agency. Child support is generally not discharged in bankruptcy.

Consequences of not paying

• Wage withholding, tax refund interception and liens.
• License suspensions in many states.
• Credit reporting of arrears.
• Contempt proceedings and, in serious cases, jail.

Free and low-cost help

Legal aid, court self-help centers and some child support agencies help parents file modification requests. Some states offer a simple form and a mailed notice. See our guides on child support enforcement and on custody and support.

If you are the parent who receives support

A job loss by the paying parent may lead to a temporary reduction. You can ask the court to review it, request proof, and keep records of payments. If the other parent finds new work, ask for a prompt review so the amount returns to the right level.

A hypothetical timeline

A father is laid off on June 1, owes $600 a month and files a modification request on June 20. If the court agrees to lower the order to $300 and applies the change from the filing date, he still owes the full $600 for June 1 to 20 and the new amount after. If he waits until December to file, the six months of $600 payments become arrears that the court generally cannot erase. The earlier he files, the smaller the debt.

What to put in your request

State the date and reason for the job loss, attach proof, list unemployment benefits and any other income, and describe your job search. Ask for a temporary order if your state allows it. Provide the court with your current expenses and parenting time schedule. Keep a copy of everything you file.

Frequently asked questions