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What if you lose your job and cannot pay child support?

It may go without saying that losing your job in San Antonio will almost definitely affect your ability to pay child support. If that does happen, what are you to do? Do not fall into the trap of thinking that you do not need to do anything, and that the court will simply look upon your current situation with leniency. There are allowances made in cases where your financial situation has changed drastically, but only to a certain degree. Rather than violating your court order by stopping your child support payments, your best bet may be to seek a modification.

Texas law allows for a child support modification in the following circumstances:

  •          Your material circumstances have changed substantially since your order to pay child support was rendered.
  •          Your material circumstances have changed substantially since the mediated or collaborative law agreement creating your child support obligation went into effect.
  •          Your established child support order differs by either 20 percent or $100 from what is required by state guidelines, and it has been three years since the last modification or change to your order.

You should file for such a modification immediately. Every child support payment you miss while unemployed may accrue as arrears. If you act quickly, however, you may be able to come an agreement that allows you to pay those off at a later date.

In the meantime, continue to actively seek employment. Your chances of successfully arguing the need to modify your order may be supported if the court sees that you are hunting for a new job. While none of the aforementioned tips should be taken as legal advice, they may save you from being assessed fines or possibly facing jail time. 

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

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