Collecting From Unemployment

Has Your Ex Stopped Paying His Full Court Ordered Monthly Support Payments Due To Unemployment?

Even if your ex loses his job, he is still obligated to pay you the back child support he owes you. It’s essential that the needs of your children are met. A non-custodial parent can’t stop paying just because their finances got a little tighter.

Unemployment benefits are in place to cover expenses while someone looks for their next job. There are always expenses that could be cut. Even when money becomes tight, the financial support your child depends upon doesn’t go away and your ex is still liable for it. In fact, if he’s delinquent on child support payments that amount will be deducted from his unemployment benefits. 

How Is It Taken

When an obligor loses his job, if he is under the assumption that he gets a reprieve from child support, he is wrong. If he isn’t making payments, arrears continue to accrue. Losing a job doesn’t automatically impact a child support order. The state can take part or all of his unemployment benefits and send it to you, just like wage withholding, where the amount he owes you is taken straight out of his check and sent your way. 

If He’s On Unemployment, Does The Amount Get Modified?

To put it simply, no. Losing a job and going on unemployment is not grounds to get a modification. A job loss should be a temporary situation, and a child support modification is a permanent change. It’s on him to get a new job and off unemployment.

It is possible that a judge could enter a temporary modification, but that is usually reserved for extreme circumstances. It’s frustrating that someone who should be supporting his children can attempt to reduce his financial responsibilities due to a minor setback. Being unemployed does not mean he has less of an obligation to support his children and it certainly does not give him relief from the arrears. 

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Athena Collects
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