What Happens to Child Support Payments During Unemployment?
Oct. 13, 2021
Child Support During Unemployment: What You Need to Know
Maryland law states that the non-custodial parent must continue to pay child support during unemployment until the child support order is modified by a judge. This means that there is no automatic alteration to the payment requirements if you lose your job— until and unless you request a change to the court order, the court will assume you continue to be able to make payments as normal.
If you need to request a change to the court order, it is important to hire a trusted attorney, like the attorneys at Lebovitz Law, LLC, to help you file the motion to modify your payments. You and your attorney should be sure to include as much documentation as possible: the circumstances of the end of your employment, any severance or other payments, your unemployment benefit amount (if applicable), and anything else the judge asks for.
It's important to note that it's your responsibility as the non-custodial parent to make sure the payments are made on time, even if you become unemployed. Your child support during unemployment can be automatically deducted from your unemployment benefits the same as they would be from your paycheck if you were working. If you will not receive unemployment benefits, it is especially important to seek a modification of your expected payments as soon as possible, so you don't begin to build up a backlog of missed payments.
Both parents have the right to file a motion for modifications to child support payments for any significant change in circumstances since the order was originally passed. For example, if one parent is injured in an accident or has sustained a work-related injury and is receiving worker compensation, they have the right to file a motion for modifications of child support payments to receive a reduction based upon their reduced income during this time. Besides a change in employment or wages, reasons to file a motion for modifications to child support payments may include an increase in daycare costs, an increase in healthcare costs, a change in custody, or a change in the financial needs of the child. The motion for modification should be filed as soon after the change as possible.
Get Help with a Protective Order in Maryland from The Attorneys at Lebovitz Law, LLC
Whether you are searching for an experienced lawyer to assist with your divorce, negotiating child support in Maryland or other issues, The attorneys at Lebovitz Law, LLC can help. To learn more about how we can assist you, please contact us today.