Can I Make My Ex Pay Me Child Support if He Gets Fired?

 Posted on September 05, 2024 in Child Support

When parents get divorced, it can be extra challenging because instead of simply breaking up with each other, they need to create a court-approved plan for how they will continue working together for their children’s benefit. One of the main issues divorcing parents need to finalize in their divorce settlement is child support: who will pay it and how much will they pay? Child support can be an incredible lifeline to parents who find themselves taking over the majority of child-rearing responsibilities and the costs that go along with them.

However, child support payments are determined based on the child’s needs and both parents’ ability to financially cover them. Like all things in life, the parents’ financial situations can change unexpectedly. If, for example, your child support arrangement is based on your spouse’s monthly salary at the time of your divorce and he suddenly gets fired, what should you do? This article will examine that scenario. For more information, speak with an experienced Austin, TX family law attorney.

If My Spouse Lost His Job, Can He Automatically Stop Paying Me Child Support?

The short answer is no. Regardless of a change in circumstance, anything included in a court order needs to be followed. If your ex simply stops paying you, he can face serious consequences for violating your divorce decree. Of course, if he truly cannot afford to keep paying you what he originally agreed to, there is a process to follow that can result in a modification to your child support arrangement.

The court will review your income, your spouse’s income, other relevant financial information, and the costs of meeting your child’s needs before deciding how to proceed. It might rule that your ex’s unemployment benefits should be used, at least partially, for child support, or might cancel his obligation. However, if someone decides on their own to stop making their child support payments, they can be required to pay them anyway, with interest.

How Can the Court Force My Unemployed Ex to Keep Paying Child Support?

In Texas, the courts decide whether to modify a child support order after reviewing several factors, including the paying parent’s employment history, ability to work, and current federal minimum wage. If your ex simply stops paying, the court can respond through:

• Wage garnishment

• Seizing their bank accounts

• Intercepting their tax refunds

• Revoking their U.S. passport

• Suspending their driver’s license

• Suspending their professional license

• Placing them in contempt of the court

• Criminal charges

Contact an Austin, TX Child Support Attorney

If your ex lost his job and you are worried about the child support payments you depend on, contact a skilled Travis County, TX divorce lawyer to review your options. At Powers Kerr & Rashidi, PLLC we are passionate about helping families reach the best outcome. Call us at 512-610-6199 so we can get started.