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Do you have to pay child support if you can’t afford it?

On Behalf of | Mar 15, 2021 | Child Support

If you lose your job in Texas, you might not be able to make your monthly child support payments. It might be safe to assume that you can put your payments on hold until you get back on your feet. On the contrary, you might end up with serious legal troubles if you don’t tell the court that your financial situation has changed.

What should you do if you can’t afford child support?

It’s important to remember that you have to pay child support regardless of your financial situation. If you don’t, you’ll end up owing back child support that the government might take out of your tax refund. However, the court might be willing to negotiate a new agreement if you can’t pay the current amount.

When you lose your job or can’t make your payments for another valid reason, contact the Office of the Attorney General (OAG) as soon as possible. You might want to hire a divorce attorney to help you make your case for reduced child support payments. To modify your child support order, you’ll have to prove that you’re experiencing a decrease in income through no fault of your own.

If the OAG accepts your case, they might issue a new court order that reduces the amount of child support that you have to pay every month. Until then, make sure that you keep making payments at the current rate. It might be difficult, but there’s virtually no way to end child support payments unless you terminate your parental rights.

How do you qualify for a child support modification?

You won’t qualify for a modification in every situation. For example, if you’re making the same amount of money but have less disposable income because you just bought a new house, the judge might rule that you still have to pay the same amount of child support. Fortunately, an attorney could tell you if you qualify for a modification or not. If you do, your attorney could help you get in touch with the OAG so you could get a child support modification.