If you cannot pay child support, know you are not alone.

According to the Office of Child Support Enforcement’s 2020 Preliminary Report, which covers the most recent statistics, slightly over 10 million people with a court order to pay child support are overdue on their payments, totalling more than $115 billion outstanding.

Not all of those instances, nor the billions of dollars owed, are the result of “deadbeat dads,” the common term for people with the means to pay child support but choose to disregard court orders.

Many child support issues arise as a consequence of parents falling behind due to situations beyond their control, such as a lost job, a medical emergency, or simply not having enough cash to meet their financial obligations each month.

In situations like this, it may seem natural to contact divorce lawyers and the co-parent and try to strike an informal agreement to handle the issue. And, yes, it is a good idea to keep all relevant parties informed if your financial condition changes.

But that cannot be the only step to take. Child support payments are court-ordered for a reason, and any changes should be made only with the courts’ consent.

Judges consider income, age, and earning capacity when deciding how much child support to award. Judges are responsible for resetting monthly payments if there is a significant change in any of these categories.

What to do if you can’t pay child support

The first and maybe most crucial step is to understand the repercussions of failing to pay child support and how strict the courts can be with non-payers.

The Child Support Enforcement Act of 1984 and specific state statutes authorize courts to collect back payments and impose significant penalties on the noncompliant parent.

This should motivate you to do everything you can to handle the matter. Some of the things you should do to handle the issue include:

Act quickly

If you are unable to pay your monthly court-ordered child support, you should seek a child support modification order right away. You should note that unpaid child support cannot be erased in bankruptcy, and it cannot be lowered retrospectively. As a noncustodial parent, you cannot avoid paying child support by filing for bankruptcy.

Know what the law says.

Check out the child support laws in your state. Learn what makes a “substantial change in circumstances” that justifies a child support adjustment. Some states add the terms “material” or “unforeseen” to this language to qualify the conditions for a change. Consider contacting your state’s child support enforcement office for further clarification.

Notify the court

You must notify the court overseeing your case of difficulties with your financial status as soon as possible. you should note that you should do this even if you have agreed with the child’s other parent to minimize the amount you pay in child support.

Because only a judge can authorize a modification to the original child support order, your agreement will be useless if the court does not allow it and the other parent complains about your delinquency.

When you notify the court about your financial difficulties before you go in arrears (missing a payment), sympathetic ears will likely hear your case.

Explaining that you’ve lost your work or need to pay unforeseen medical expenditures should influence the court’s readiness to establish a modified child support arrangement if it can be structured so that both the child and the other parent receive the necessary funds.

In any case, you should notify the court of any negative developments in your financial situation as soon as you become aware that you may be unable to make payments. The court will likely think you refuse to pay child support without that outreach. That will not play well.

Request a change in the payments.

If you truly want to improve your circumstances, you should inform everyone involved in your case that you want to continue paying child support.

The easiest way to achieve this is to negotiate a more reasonable payment schedule that reduces the amount you owe in regular payments. This ensures that your child continues to receive some financial support.

If you and the other parent cannot reach an agreement to reduce your monthly commitment, a sympathetic court may assist you in doing so. Remember that the new payment schedule will not be valid and binding until the court authorizes it.

The method varies by jurisdiction, but you must demonstrate that your financial status has deteriorated since child support payments were first established.

That means you’ll probably need to supply documentation like W-2s, medical insurance applications, or unemployment records. If both of your parents cannot agree on the amount asked, you will have to argue your case in front of a judge before you reach a decision.

If you are already in arrears, the local child support agency can help you determine how much child support you owe and advise you on requesting a modified payment plan.

Keep making the payments as best as you can

Continue making child support payments as much as possible per the current child support order. The existing child support order will stay in effect until the court issues a new one. Pay as much as you can, as the child support order indicates.

You should note that not making your best attempt to pay will undermine your case, causing unpaid child support to accumulate.

Parting shot

Child support is a legal duty and court decree. The repercussions are severe when you fail to meet your legal commitments or violate a court order. One of the consequences is that you could lose your driver’s license.

All 50 states have laws that can result in the suspension of your driver’s license. In some states, the suspension includes professional and occupational licenses as well as hunting and fishing licenses.

Your wages can also be garnished. A court might order that your earnings be withheld by your employer and used to satisfy your child support arrears. The garnishment will be either the whole amount awarded by the court or up to 65% of your disposable income (whichever is smaller).

To avoid this, contact experienced family lawyers Fairfax VA as soon as possible whenever your income drops and file for a readjustment. Don’t stop making child support payments because you can’t afford them.