Job loss or periods of unemployment can be financially challenging, especially when you have child support obligations. However, in Texas, it’s important to understand that child support orders don’t automatically cease or adjust due to unemployment.
According to the Texas Family Code § 154.001, child support is a legal duty, and the noncustodial parent is obligated to pay the set amount ordered by the court, regardless of their employment status. Hence, losing a job doesn’t absolve you from this responsibility.
However, if you become unemployed, you do have the option to request a modification of your child support order. As outlined in Texas Family Code § 156.401, the court may modify an order if it’s in the best interest of the child, and if there’s been a material and substantial change in circumstances. Job loss can certainly qualify as such a change.
To initiate this, you must file a motion with the court that issued your original order. The process can be complex, requiring accurate completion of forms, meeting strict deadlines, and presenting your case effectively. Legal assistance is highly advisable.
One must remember, the modification isn’t retroactive and only impacts future payments. It means any child support due prior to the modification must be paid in full.
Moreover, if you’re receiving unemployment benefits, these can be garnished to meet your child support obligations (Texas Family Code § 158.206). It ensures the child’s needs continue to be met even in times of unemployment.
In conclusion, navigating unemployment and child support payments in Texas can be complex, but understanding your obligations and options is the first step. At Webb Family Law Firm, P.C., we are here to guide you through this difficult period. Our skilled team will provide legal assistance tailored to your situation to ensure the best possible outcome for you and your child. Contact us today for expert advice.
Sources:
- Texas Family Code § 154.001
- Texas Family Code § 156.401
- Texas Family Code § 158.206
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