What happens if you become unemployed and owe child support? Can it be reduced?

Lisa - posted on 02/16/2010 ( 9 moms have responded )

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My husband pays a large amount of child support. He hangs siding and his boss has run out of jobs. He is getting ready to file for unemployment, but I don't understand how we can pay our bills and pay child support. Is there a way to get it reduced until he is back to work? Does the unemployment office take care of this of do you contact dfs?

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I think it depends on which country you live in aswell. Here there is a set minimum you have to pay (wether you work or not). If you don't pay it then their is I think a 12% added on to what you owe, if you still don't pay it then your sent to a debt collection agency.

Lisa - posted on 02/16/2010

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We have a court order, and just went through a modification previous to this dilemma, I'm not sure another 5,000 dollar lawyer bill is worth fooling with it..... Plus the ex wife lied and said she sends the 8yr old and 13 yr old to daycare, so that got added into his child support. Now, I believe men should help support their children, but in her case, she makes more than him and her husband makes 2.5 times what she makes--- do they really need $550/mo child support when they gross over 100,000 a year? My husband barely makes 25... its just not fair :(

Victoria - posted on 02/16/2010

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i'm married, and i receive for my daughter, and my husband pays for his daughter. when my daughters dad got in a motorcycle accident and had to claim disability, they just took it out of his checks, but we did go and get the payments lowered for now. he is still required to pay the full amount, but the amount that is pulled out of his checks that he gets are a lot lower. which means he will just have to be paying longer, unless by some grace of god he get caught up sooner. and i think that they can only take up to 33% of what he is making to pay his support. that is how it is where i live. no matter if he gets a $50. or $5000. they can only take the amount set, which is 188. or up to 33% of the check. hope that helps.

oh and since it is you husband's case, he will be the one that has to call, unless he already set it up so that they can release info to you. the whole privacy thing, that is what we had to go thru with my husband and his court order health ins.

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Lisa - posted on 03/03/2012

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Well, she took that husbands money(that I was talking about above), the house and his pension, and divorced him, now she has a new boy toy living with her and the kids. She'll figure out how to rape as many men as she can before she's dead...

Jodi - posted on 02/16/2010

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Lisa, what her husband makes should really be irrelevant, because it isn't his job to raise your husband's child. I am totally on your side, in that if your husband is not earning anything, he absolutely needs a break, but you should back off on what HER husband earns. It should only be about what she earns, and what your husband earns, because they are the ones responsible for raising the child.

Nichole - posted on 02/16/2010

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My Husband has filed for Unemployment before and if he doesn't report it right away, it takes a few checks before CS takes their cut. However, in the time it takes them to find out he has lost his job and is getting unemployment, that unmet payment goes into back child support, and he then owes more. It's up to you whether or not to get the most out of the first few paychecks or report it right away so that there is no back CS. Here in California, I know that my husband has had to take his ex wife back to court to get it lowered. Some counties just do it through the mail with documents and there is no need to go to court, they'll just make the adjustments from the office and make a decision based on a form he fills out stating all his debts and cost of living expenses. Other times they require you go to court to make adjustments. Really, the best way to start is to call the CS office handling the case and tell them the situation and that you need it lowered to meet your needs until he can find permanent employment. They will let you know what needs to be done in order to have this adjusted. Most times they will be happy to work with you so long as you are making your payments. Hope this helps.

JUNE - posted on 02/16/2010

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GOOD MORNING,HI IAM A MOM AND MY 24 YEAR OLD SON WHO HAS TO PAY CHILD SUPPORT,AND HE IS BI-POLAR AND LOVES HIS DAUGHTER AND NO JOB HIS WAS LOWERED CONTACT THE PERSON WHOM YOU SEND THE CHILD SUPPORT MONEY TO,AND ASK THEM.OK HOPE I WAS HELPFUL IN ANSWERING YOUR QUESTION.THE SAD PART IS THOUGH MY SON IS PAYING HIS EX GIRL FRIEND EVEN WITH ACOURT ORDER WONT LET HIM SEE HIS LIL GIRL.

User - posted on 02/16/2010

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Yes. File for a modification. In AZ, the amount he would pay is modified, not just his payment as some others have stated is the case in their states. I really don't see how those states get away with that considering that if he isn't MAKING the amount in which the original order was based, then how can he be expected to pay that amount EVER?!?!?! That is where cs becomes a scam. This happened to my husband after 9/11 and his cs AMOUNT was reduced until he found gainful emplyment. When he did, he notified cs and a new order was issued based on his new pay rate.

Emilie - posted on 02/16/2010

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I don't know where you live, but I am in NC, my child supporrt goes through DSS, I am the one that receives the child support from my ex husband. They base the amount he pays on the amount he makes. If your husband is unemployed then you need to contact the agency that is handling your case. They will probably reduce the amount you pay but not the amount you owe ( if he owes back child support).

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