Can I Stop Paying for Child Support If I Lost My Job in Texas?

Losing a job is an enormously stressful event for most families, but if you have court-ordered financial obligations like child support, it can be even worse. In Texas, parents who pay child support are legally obligated to pay for that obligation regardless of changes in their employment status.

However, with the help of a passionate and skilled child support order, losing your job may allow you to request a modification of your current child support order and legally have your current order reduced or temporarily halted.

Many Texas parents still believe that if they lose their jobs, their child support obligation is automatically and immediately lowered or paused; this is not true. Even with a job loss, you must never stop paying or pay less without a legal change to your mandated Texas court order.

If you stop paying child support, even due to unemployment, you can still be held in contempt of court and punished accordingly. Additionally, interest and penalties on unpaid child support will begin to mount, and other enforcement actions, such as license suspensions or even jail time, may occur.

So, if you lose your job, you must act quickly and obtain compassionate and knowledgeable legal counsel from an experienced child support lawyer who understands the urgency of this issue and will get your current child support order legally altered as soon as possible.

What is a “Material and Substantial Change” and How Does It Affect Changing My Child Support Order?

Your thorough child support lawyer will explain that any modifications to a child support order in Texas require a “Material and substantial change in your circumstances.”

So, to have your modification approved by the court, a change in child support payments must meet specific requirements, and you and your diligent child support lawyer must present evidence to support that a material and substantial change to your circumstances has occurred.

A “Material and substantial change” can include issues such as:

  • The involuntary loss of your current employment.
  • A demotion or significant decrease in your current income.
  • Dire health issues that now affect your earning capacity.
  • Changes in the custody or visitation arrangement concerning your child, and more.

You must note, however, that the Texas court will always do what’s in your child’s best interests and may ask for proof that you lost your job, the surrounding circumstances, and your current financial situation. For example, they may ask whether you are actively looking for work, the nature of your previous employment, and the anticipated length of your unemployment.

You must note that the Texas court always puts your child’s best interests before all other considerations. This essentially means that if the court suspects that you are purposefully underemployed or unemployed to avoid paying child support, your modification request will most likely be denied.

By working with a thoroughly experienced and compassionate child support lawyer, you can be assured that your case will be presented professionally and accurately and that your lawyer will guide you successfully through this usually complex process.

Are the Texas Courts Able to Impute My Income Based on Earning Potential?

Suppose the Texas courts feel that it is justified. In that case, they are allowed to impute your income if you are a parent who is unemployed or underemployed without a substantial and valid reason. Simply put, the Texas court can estimate your earnings based on your skills, education, employment history, job availability, etc. Then, they can use this figure to calculate what the court feels your child support should be.

Let’s say you’re a parent with a history of making $60,000 annually but now have a part-time job making minimum wage. The Texas court, doing what’s in the child’s best interests, may still order you to pay child support based on your earning potential rather than your current income. This is usually common if the court finds that you voluntarily leave your job or are not making a good-faith effort to find comparable employment.

Your well-versed child support lawyer will always try to avoid this scenario and provide proof that shows that your job loss was involuntary and that you’re actively seeking sound employment. Your law team will use documents such as termination letters, unemployment claims, submitted applications, and more to support your case.

I’ve Lost My Job, So What Steps May My Lawyer and I Take to Change My Support Order?

First, if you want the child support modification process to go smoothly, it must be professionally drafted, documented, and presented to the court.

This formal modification process should always be done with the expert, empathetic help of a skilled child support lawyer who will usually do the following:

Fully gather all the evidence needed for your case, such as:

  • Your formal job termination letter and any terms that may apply.
  • Proof of your severance or unemployment benefits.
  • Resume updates, job applications, dates of job interviews, etc.
  • Current income records, financial statements, tax returns, and more.

After gathering all the documents necessary, there are two main ways to request modification:

  • Through the Office of the Texas Attorney General (OAG), which may initiate a free review of your case.
  • Or, more commonly, filing a formal “Motion to Modify” directly to the Texas court.

After your motion is filed formally, the court will commonly schedule a court hearing on your case (if necessary).

Depending on how your motion is filed, there may have to be a formal agreement between you and the other parent; in this case, a court hearing is usually required. You and your ex-partner will present evidence at the hearing, and your lawyers will argue your case.

The court will listen to both sides. If your current circumstances meet the legal standard for modification, it will issue a new child support order; this latest court order becomes legally enforceable moving forward.

It’s critical to note that any modification the court grants will not apply retroactively to the date of your job loss; it only applies from the date your formal request was filed. This is why it is vitally important that you enlist the experienced and diligent help of a Texas child support lawyer as soon as possible; if you don’t, you could be on the hook for months of high child support payments you now can’t afford.

I’ve Lost My Job and Must Modify My Child Support Payments; How Should I Proceed?

Remember that losing your job in Texas does not automatically reduce child support payments. However, with professional legal help, you have the legal right to modify your payment, which you can commonly do rapidly.

The paramount issue is understanding that the legal system requires formal action, complete documentation, and, usually, an appearance in court.

However, time is not on your side, and if you’ve had an involuntary job loss and are now struggling to meet your child support payment, you must begin the Texas modification process as soon as possible.

At the Cutrer Law Group, Anita Cutrer has over twenty years of experience successfully managing and winning myriad court cases involving child support modifications, custody issues, and much more. Their team of child support lawyers fully understands the pressure losing a job inflicts on you and your child and will compassionately, professionally, and tirelessly resolve the situation in the best possible way.

Call Anita K. Cutrer today at 817-854-1651 for a consultation on your unique situation. Let Anita and her team passionately guide you through this arduous process and obtain the modification you and your child deserve.