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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15919
Experience:  Licensed Texas General Practice Attorney
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I was paying child support and then lost my job and was on

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I was paying child support and then lost my job and was on unemployment with NO income for 6 months, and was paying child support out of my savings. If I am unemployed do I still owe the agreed child support amount? I am collecting unemployment

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, you need to continue to pay child support until you have a court order that allows you to do otherwise. The reason is that a court order for child support is just that: An order from a judge to do something. If you fail to do it but had the ability to do so, you could be in contempt. That being said, you also have the ability to ask for a "modification" based upon a material change in circumstances.

ScottyMacEsq :

A loss of a job is a material change in circumstances, and the court could agree to either put the order on hold until you get a new job, or reduce the amount that you owe to a nominal amount until you get a new job.

ScottyMacEsq :

Now often this requires no fault of your own. So if you voluntarily quit, that could result in you not getting such a modification. But if you were terminated due to no fault of your own, you could likely get a modification.

ScottyMacEsq :

Here's a packet that you can use to file for a modification of child support (it's for a modification of child custody and/or support, but you can use it just for support):

ScottyMacEsq :

The first couple of pages talk about how to file it, where, etc... and the rest of the file is the forms that you would need, the notice pages, etc...

ScottyMacEsq :

Once you get this filed and get a hearing, you should be able to get the support reduced or even eliminated for the time period until you get a new job.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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