what to do when owing back child support and have no job

The strain of coronavirus known as COVID-xix has impacted near every American in some fashion or another. While some must worry about their wellness, nearly all of us are concerned almost our livelihoods.

The Wall Street Journal surveyed 57 economists recently who estimated that Americans will lose 14.4 million jobs in the coming months and the unemployment charge per unit may reach 13% in June. Nosotros are not economists and we cannot predict the futurity, but we do understand the impact job loss and task uncertainty has on your ability to pay child support—at present and in the futurity.

Depending on your situation, your outlook may differ. We will take a look at three mutual scenarios and let yous know the principal considerations of each:

• Yous have lost your task and have a current kid support society
• You anticipate you will lose your chore and accept a electric current child support order
• You are behind on your child back up payments

Before we practice, a reminder that California courts are updating their response to COVID-19 regularly. Emergency Rule 13, issued Apr xx, 2020, now allows you to kickoff your kid support or spousal back up case even while courts are closed. In other words, your asking for change will be effectively "backdated" when the courtroom is able to hear your case. Nosotros will continue to update this page as new decisions are made. We volition update this page as new decisions are made.

No Income and an Active Child Support Society

If you are unemployed or underemployed as a consequence of COVID-xix, you are unfortunately in a tough spot. Currently, California courts are nonetheless accepting filings on new and active family law cases just virtually are not actively hearing cases. Emergency Rule 13 now allows yous to start your child support or spousal support case even while courts are closed. This ways you may file a asking to modify your child back up gild, but you lot may not see relief until the courts reopen and make their style through a backlog of cases put on concur due to the coronavirus and filed while the courts have been out of session.

4 considerations are peculiarly important for Californians in this state of affairs:

• Your salary is non the only source of income for kid support purposes. You lot may remember that when you originally established a child support order, you lot had to count income sources as diverse every bit dividends from bonds or stocks, hire, and benefits like health insurance. Unemployment insurance will be counted in the same way. If you lot do not make your kid support payments, your unemployment checks—and any stimulus payments—may be garnished, which means that coin from these checks will be withheld from you and routed to the other parent.
• Your child support order stands until it is canonical by the court. Even if your income has dropped dramatically, you lot are however responsible to pay the full amount of support from your current gild until the courtroom approves a modification. If you fail to make payments in full, you lot will owe interest on whatever unpaid balance at the rate of ten% per year.
• Historically, the court will consider your earning potential, and it is too soon to see how COVID-nineteen volition impact this stance. In other words, courts tend to look at your ability to earn—including your salary history—when calculating child support. This helps ensure children receive anticipated back up, whether you are unemployed temporarily or by choice. It is as well soon to encounter if the coronavirus will lead to a change in the courtroom'southward stance, simply any decision is likely on hold until the courts reopen.
• Informally irresolute your child support order is generally not a good idea. Remember, kid support is the court's order of what is in the all-time interest of your kid. An breezy agreement between parents, fifty-fifty in a crisis like COVID-19, is not enforceable, and you may end up owing what you did not pay, plus involvement. It may also put you in the vulnerable position of contempt.

A change in child support order is not retroactive, so if yous lost your job, it is of import that you file a request for modification promptly. Until the courts hear your case, however, it is critical that you continue to pay your child back up order to the best of your ability. An attorney can help yous determine what a modified child support guild would expect like, and many quality attorneys are yet available to take clients.

Anticipating a Loss of Income

If you accept a current child back up guild and are concerned about losing your job (or losing hours on the chore), now is the best time to sympathise your rights and responsibilities. We encourage you lot to review the section above and to be mindful of unnecessary expenditures so that you lot are able to continue upward with your child support payment. If you anticipate a loss in hours or salary or even your task, you may wish to speak with an attorney to understand the process of seeking to modify a kid support gild and run across what your responsibility might be.

Again, with the courts closed and unavailable to hear motions to modify kid back up orders, you remain responsible for the terms of your current club. Falling behind on child back up payments may make you vulnerable to interest charges, wage garnishments, and potentially being plant in antipathy of court. If the courts make a special society related to COVID-19, we will update this mail service promptly.

Behind on Your Child Support Payments

If you lot are falling behind on your child support payments—due to the impact of COVID-19 or otherwise—it is disquisitional that y'all get and stay defenseless up until the courtroom issues a new order. Exercise not make these payments in greenbacks. Instead, be sure to send a check or make a transfer—anything that ensures a paper trail.

Remember the purpose of kid support in California is to fulfill your duty to financially back up your child. In general, the courts do not look kindly on parents who fail to fulfill this obligation, no matter the reason. Delayed payments are subject to a 10% almanac interest; your wages, unemployment, and stimulus checks may be garnished; and in a worst case scenario, you may be held in contempt of court.

If y'all are unemployed or underemployed as a event of COVID-19, you should contact an attorney or the Department of Child Support Services immediately. The DCSS offices are closed, merely they are available online and by telephone.

Navigating Child Back up During the Coronavirus

Kid back up orders can be challenging in the best of times. Establishing and maintaining a kid support order in the wake of COVID-19 is especially difficult. If you detect yourself uncertain about your power to meet your child back up in part or in full, you lot should speak with an chaser who can suggest yous about your rights and assistance you navigate a organization that is mostly closed for business organisation. This resources provides information for each county's courtroom and their response to COVID-nineteen (select your land from the left-hand column).

We will update this post if California or its counties release further guidance and every bit more information becomes bachelor. This postal service has been recently updated to reflect the proclamation of Emergency Rule 13.

As always, we encourage you lot to follow the CDC'southward recommendations , abide by the shelter-in-identify mandate to the all-time of your ability, and maintain your child back up payments. If yous need support and guidance, seek the advice of a trusted and experienced attorney .

At Van Voorhis & Sosna , we know COVID-nineteen is a challenging time. We are prepared to aid yous navigate these questions and offer legal advice and representation based on integrity, trust, and understanding. Contact u.s. today, or call 415.274.2530 to schedule a free legal consultation.

The content provided on this website is for informational purposes only and does not, and is not intended to, institute legal advice. Data on this website may not constitute the most up-to-engagement legal or other data, and you should contact an attorney to obtain communication regarding your particular issues or problems. Use of and access to this website do non create an attorney-client relationship between Van Voorhis & Sosna and the reader.

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Source: https://www.vsfamlaw.com/blog/do-i-have-to-pay-child-support-when-i-have-no-income-child-support-during-coronavirus-covid-19/

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