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Unemployment and Child Support

Steps for Recently Unemployed Parents Who Owe Child Support

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Unemployment and Child Support

Unemployment has reached a high of about 9.7% in the United States. Unemployment can have an effect on a parent's ability to continue to pay child support. Parents should note that a child support order remains in effect, even if a parent is unemployed. A non-custodial parent who has an active child support order and loses his/her job will likely have the following questions about unemployment and child support:

What happens to my child support payments if I lose my job?

A recently unemployed parent should immediately check with the state to find out whether he/she is eligible for unemployment benefits. If so, notify the unemployment office of the outstanding child support order. The unemployment office will deduct the child support payments from the parent's unemployment wages.

What if an unemployed parent is ineligible for unemployment benefits?

The parent should continue to work with the family court and the child's other parent. The unemployed parent should document his/her ongoing job search. When the parent secures a new job, he/she should pay their child support via check, until the payments are taken directly from their wages. In addition, he/she should prepare for a slight increase in child support payments to cover the period of unemployment.

What happens to my child's health benefits if I lose my job?

Most child support orders require a non-custodial parent charged with paying child support to provide health insurance for their child. If a parent loses his/her job, he/she will also lose health insurance. Often, an employee is entitled to continue health insurance benefits through COBRA. However, the cost of COBRA insurance is not subsidized, as is the cost of most insurance benefits, offered by an employer and, therefore, it can be quite costly. If a parent is unemployed and unable to continue to provide health insurance for a child, the parent should speak to the custodial parent, first. Perhaps the custodial parent can add the child to his/her own health insurance, if there is a plan available. If not, a custodial parent can seek to add the child to a federally-funded insurance plan for children.

Unemployment is very difficult for both custodial and non-custodial parents to handle. However, the need to support a child does not terminate when a parent is unemployed. A child support order will only be altered if a parent seeks a modification. Parents should seek the assistance of a qualified attorney in your state who can help file for a modification.

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