COVID and the Modification of Child Support

Lost Your Job? Modifying Child Support May Help to Lessen the Blow

 As if dealing with the stress of a global pandemic wasn’t enough, people are now forced to face the unfortunate financial consequences of COVID-19. For many this means unemployment (including furlough, permanent lays offs, or underemployment) and if you are also a parent paying child support, this could mean significant challenges in meeting your monthly obligation. That being said, a modification in your child support order might be your next step. Here is what you should know. 

1)    A modification of child support may be appropriate if circumstances have changed substantially since the last order was entered.  Losing a job is a common reason for a reduction in child support, but other reasons could include a reduction in hours or pay rate. Given the uncertainty surrounding when this virus will end, courts may also consider factors which they normally would not. 

2)    A modification of child support is only valid through a court order or formal agreement.  For these reasons, you should never unilaterally lower or stop paying your obligations. 

3)    Child support payments can be deducted automatically from your unemployment benefits. If you cannot find another job, you may want to consider filing for unemployment as a way to ensure you do not default on your payments. 

 4)    If you cannot pay your child support, you should either immediately consult with an attorney and/or immediately file a pro se motion to modify. If you do not, a court can find that you are in arrears of payment and accordingly order you to pay anything owed pursuant to the last order.   Even with court closures, you can still file a motion which will toll the accrual of your arrears.

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