It’s been a tough six months for federal employees, and it doesn’t look like things are going to get any better as the year goes on. Thousands of federal employees have lost their jobs since the new administration took over in January. Many of them live and work here in Northern Virginia.
Job loss can be particularly frightening if you’re a parent with child support obligations. Even if your co-parent is understanding of your situation and agrees to accept less or let you skip some payments, you can’t just modify a child support order without court approval.
Child support is ordered for the child’s well-being. Only a judge can legally modify a support order – even temporarily. Getting court approval is also crucial because your co-parent could change their mind at any time and report you for non-support. This can have serious legal consequences – up to and including incarceration.
Making your case to the court
The good news is that judges are typically willing to approve at least temporary child support modifications if a parent loses their job – especially when they aren’t at fault. The same is true if a parent is able to get another job, but not one that pays what their previous one did.
It’s crucial, however, when seeking a modification in child support to provide solid evidence. It’s not enough to just say you were laid off due to budget cuts. You need to provide documentation of the layoff, including any severance pay you may be getting for a time.
If you begin to collect unemployment benefits, those are counted as income. Meanwhile, you’ll need to present proof that you’re actively looking for work and a salary commensurate with your earning potential and other factors, like the local job market.
It’s also important to know that a modification of your child support obligations – even if it means you don’t have to pay for a time – should have no effect on your custody and visitation rights. Parent-child time together, like child support, is for the child’s benefit. That means your co-parent can’t deny you access to your child because of a reduction or even temporary elimination of your support responsibilities.
If you’re facing a job loss or reduction in salary – or even anticipating it – it’s smart to get legal guidance as soon as possible. It’s crucial to protect your parenting rights and avoid unnecessary legal complications as you go through what’s bound to be a challenging time.
