During these hard economic times, you or the non-custodial parent on your case may have been recently laid off. If the other parent was laid off they may not be able to meet their child support obligation. Below is a list of some commonly asked questions you may have regarding your situation.

If I have been laid off will the amount of child support owed to me increase?

No. Your child support order does not automatically increase when your source of income ends. If you anticipate being unemployed for a long period of time, you may wish to modify your child support order. It takes a new court order to change the existing court order.

Does the non-custodial parent still have to pay support if they no longer have a job?

Yes. Their child support charging does not automatically stop when the source of their income ends. They must modify their child support order if they wish to reduce the charging amount. It takes a new court order to change the existing court order.

What are the potential consequences for the non-custodial parent not paying their Child Support?

  • They may not get tax refunds.
  • They may be denied student grants.
  • They will be charged interest on past due support. Adding interest to the monthly amount due means they will pay for a longer period of time.
  • Credit Bureau Reporting: They may not get a loan or may pay a higher interest rate if they do. Many insurance companies use credit history to make decisions about home and auto insurance policies.
  • Driver and Occupational Licenses: Either or both of these may be suspended.
    Their application for a passport may be denied.

Will the non-custodial parent still owe back payments?

Yes. A change to an order is effective from the date someone files the motion to modify your child support order. Seldom are retroactive adjustments made for arrears prior to the filing date of the motion unless the parties agree.

What if the non-custodial parent starts receiving unemployment benefits or worker’s compensation?

Child support is deducted from these types of income. However, you may not receive the full amount you are owed each month due to the Consumer Credit Protection Act.

Here are some other resources you may qualify for:

Information for Veterans and Veterans’ families: