Jobless parent wants break on paying child support
In light of the troubled economy, it follows that child support obligors will experience difficulties in staying current on child support obligations. In fact, this was the theme of an article in today’s Houston Chronicle in Lipman’s State your Case column.
The parent stated he was one of hundreds of people laid off from his job, and he has been unable to find other employment. As a result, the parent is unable to make any child support payments. The parent asked whether he could get his child support payments lowered or suspended until he finds work.
Though Lipman’s answer (which was “Maybe”) is a good one, I would go a little farther in my commentary.
Before a judge grants a motion to reduce an obligor’s child support, he/she must find that it is in the child’s best interest. Think for a minute or two about how you would argue that. It’s tough to say that providing the custodial parent with less money to support the child meets the best interest standard. Additionally, the court will want to know what assets are available to provide for the child, such as savings accounts and/or assets that can be liquidated to provide support.
The prevailing attitude of many judges is that parents meet obligations to support their children. If that means your child eats before you do, then so be it.
My comments are not intended to discount the plight of folks having legitimate financial difficulties. I merely suggest that you be elegantly prepared before asking the court, a caseworker at the Texas Office of the Attorney General, or the custodial parent to consider a reduction. Be prepared to show that you cannot pay for your rent/mortgage, car note, and other essential items. Be prepared to show how you’ve tried to gain other employment. Be prepared to show that you are attempting to pay something every week. Something is better than nothing. Be prepared to demonstrate that you are making an effort, and that you are sacrificing to meet child support obligations.
