In 2020, over 10 million people who were ordered to pay child support were behind in their payments, according to the Office of Child Support Enforcement’s Preliminary Report. That debt totaled over $115 billion. Many people would attribute the child support debt to “deadbeat dads,” but that wasn’t the case.

Much of the child support problem can be attributed to parents who fall behind due to situations they can’t control. Lost jobs, medical emergencies, or more financial responsibility than income were more the problem for people who had the resources to pay but simply didn’t.

Child support payments are a reality for many single parents but many people struggle with making these payments. If you are behind on your support payments and are in debt because of it, there may be help.

If you are unable to pay your support payments, it may seem logical to discuss the situation with your co-parent and make an agreement regarding how to handle the issue. While you should discuss things with your co-parent, that can’t be the only step you take to resolve the issue. First of all, an informal agreement will only be good as long as you both honor it. Second, there are reasons child support is handled through the courts, and you should only make adjustments with the court’s permission.

A judge considers various factors when awarding child support amounts. Income, age, and earning ability are just some factors that could be considered. If you experience a significant change in any of the main areas of consideration, you should likely file for your child support to be changed as well.

Know The Consequences

The first step for determining how to handle things when you can’t afford your child support payments is to understand the consequences of not paying the ordered support. The courts can collect back payments and hand down various penalties if you don’t pay support payments. The Child Support Enforcement Act of 1984, along with the individual states’ laws, gives the courts the authority to levy these consequences to those who haven’t been paying their support payment for the child.

Something else to remember is that filing bankruptcy doesn’t help relieve the support debt of the child. Back child support is not eligible for bankruptcy forgiveness. You can explore options if you are struggling to pay your child support and have fallen behind with your payments.

Back child support debt likely won’t be cleared entirely even if your financial situation has changed drastically. When you are experiencing an overwhelming financial difficulty, it’s worth trying to make things easier for yourself. Your chances of reducing child support amounts will improve if you are honest and keep the court in the loop regarding your situation.

Make the Court Aware

It’s imperative that you notify the court that initially ordered your child support of your financial issues. Even if you’ve made an agreement with your co-parent that is satisfactory to the two of you, it’s crucial to notify the court of your situation.

Only a judge can modify child support legally. Your agreement with a co-parent won’t matter if the other parent gets angry and makes an issue with your missing child support payments. If possible, you should let the court know before you’ve missed any payments to get the most understanding reception possible.

As soon as you realize your ability to pay child support will be negatively affected, you should notify the court. If you don’t reach out, the court may assume you refuse to pay your child support, which won’t go well for you.

It would be best if you were honest about your hardship. Show that you have the desire to continue making child support payments as scheduled, but you simply aren’t able at the moment. Having the court revisit your child support arrangement can help you revise your child support order to give you more manageable payments.

If you cannot afford your child support payments, then you may be able to qualify for a re-examination of the child support order. If you have an underlying reason that may be causing your inability to pay child support, Morgan & Morgan can help you explore your options.

How to Get a Re-Examination of Your Child Support Order

The first step in getting a re-examination of your child support order is to contact the Child Support Enforcement Office in Georgia where your specific child support order was issued. When you contact them, you will need to file a formal motion for modification. The reason you will state for needing the modification will be due to changed circumstances and you will need to outline exactly what changed in your circumstances to cause you to be unable to pay according to the current order.

Why Does This Matter?

If you have an underlying cause for requiring a change in the child support order and the amount of child support you are required to pay every month, looking at your original child support order can help prove an adjustment is needed. The original child support order was determined using your personal income and other financial reports that you had at the time. If you make less now than you did then, it may be beneficial to update the child support order accordingly. Ultimately, it is always better for you to request a modification for a child support order due to a change in circumstances than to not pay the child support at all.

What are Possible Circumstances to Consider?

If you currently pay child support, you can request a modification based on specific changed circumstances. Keep in mind that either parent can request a change in the child support order. Some reasons that are common and may result in a successfully modified order include:

 

• Change in income
• Loss of employment
• Unforeseen medical expenses
• Additional costs associated with raising the child

Why You Need A Court Order for Child Support

Believe it or not, a court order is for your own protection. Even if you and your co-parent have an amicable working relationship, there are no guarantees it will continue to be amicable. Either of you could get angry over something, and then your agreement might not be honored. Either your ex could decide not to honor your verbal agreement, or the court could say it isn’t binding.

There is a fee of $100 for modifying the support order, but the court will often waive that fee if a parent is on welfare or earns less than $1,000 each month. It’s important to note that a modification request may be made three years after the initial order unless extenuating circumstances exist. If you have extenuating circumstances, you can request a modification before the three years is over.

It is always best to pay child support, but there are circumstances under which that may not be possible. If you find that you can no longer pay, contact us to explore your options.