Lawmakers designed the child support system in America to provide children of divorced families with the financial support they need to thrive. Unfortunately, our system has flaws, and courts often assign parents child support penalties they literally can’t afford to pay.
When this happens, the parent can find him or herself in contempt of court, facing consequences such as property liens, losing parts of paychecks, and more. On top of legal ramifications, friends and family unfairly label them “deadbeat” parents—even though they didn’t willfully miss a payment. Luckily, there are resources available for parents in this situation.
Ask for an Official Payment Modification
In 2013, the latest year data is available from the U.S. Census Bureau, the average deficit between child support payments due and what was actually paid was $1,821. Spouses owed custodial parents a total of $32.9 billion in child support around the nation but only paid $22.5 billion—a deficit of $10.4 billion. With numbers like these, it’s clear that there needs to be a change in how our system works. Until then, however, parents do have options for solving deficits in child support payments.
If you find yourself in a change of circumstances, such as losing your job, and it results in you being unable to make payments, the first thing to do is to contact the Office of Child Support Enforcement that issued your original child support order. Visit the California Department of Child Support Services webpage to find the contact information for your local office, and let them know your financial situation has changed.
You’ll have to complete a legal document stating what has changed, and provide current savings and income information. If the Department decides your claim is legitimate, they’ll work out a payment plan to match your circumstances. The state would rather your child receive less than the original amount ordered than nothing at all from you and will likely award you a modification if you support your claim with documentation.
Communicate Openly With the Custodial Parent
No matter what kind of relationship you have with your ex, it’s important to speak openly with him or her about your situation. While this isn’t something the law requires, it can help you avoid a legal situation or one in which your ex-spouse badmouths you to your children because of late payments. Tell your ex that your situation has changed and you can’t afford to make payments. Explain that you’re applying to the Department of Child Support Services for a modification. Open communication can reduce tension and build a foundation of honesty when it comes to making payments.
I Have to Go to Court…Now What?
If the court has ordered you to appear for failure to pay child support, appear on the date. Missing your court date will only worsen the situation and result in a warrant for your arrest. Hire a Sacramento family lawyer who specializes in support modification, or ask the court to appoint you an attorney if you can’t afford one yourself. If there’s no chance of you going to jail, you may not need an attorney at all. Once in court, you must show why you couldn’t pay child support.
Collect proof of income, including tax returns and paystubs, since the time the courts made the original child support order. Bring this, a list of employers, a list of places you’ve looked for work if you’re unemployed, essential living expenses you have to pay, and a note from your doctor if you’re unable to work because of a disability. Prepare to show the court this evidence and argue that you had a legitimate reason for missing payments. The court will treat your case accordingly and arrange a different payment plan based on your situation. Always go through the proper channels available if you can’t afford to make child support payments.
