What to Do If You Cannot Make Your Child Support Payments

Child support is a crucial obligation that ensures the well-being of children after a separation or divorce. However, life’s uncertainties can sometimes make it difficult to meet these obligations. If you find yourself in a situation where you know you cannot make your child support payment for the month, it is important to take immediate and responsible steps to address the issue. At Foster Hsu, LLP, our San Jose Child Support Attorneys are here to ensure that no matter which side you are on, you and your children are supported.

1. Communicate with the Other Parent

Transparency is key. Inform the other parent as soon as you realize you will not be able to make the payment. While this conversation might be uncomfortable, it is crucial to maintain open communication to avoid misunderstandings and further conflict. Explain your situation honestly and discuss any temporary arrangements that might be possible.

2. Review Your Financial Situation

Take a close look at your finances to determine why you cannot make the payment. Understanding the root cause of your financial difficulty is essential for finding a solution. Is it a temporary setback, such as an unexpected expense or a loss of income, or is it a more long-term issue? This assessment will help you decide on the best course of action.

3. Request a Modification of Child Support

If your financial difficulties are likely to continue, you may need to request a modification of your child support order. To do this, you will need to file a formal request with the court. A modification can only be granted if there has been a significant change in circumstances, such as a job loss or an involuntary decrease in income..

4. Document Your Efforts

Keep thorough records of all your efforts to address the issue. This includes communications with the other parent, attempts to adjust your budget, and any steps taken to seek legal advice or request a modification.

5. Explore Temporary Financial Solutions

Look into temporary financial solutions that might help you make your payment. This could include borrowing from friends or family, taking out a small loan, or finding ways to earn additional income. While these are not ideal long-term solutions, they might help you meet your obligations in the short term.

6. Do Not Ignore the Situation

Ignoring your child support obligations can lead to serious legal consequences, including wage garnishment or loss of driver’s or professional licenses. It is essential for you to immediately address the situation in a responsible way.

7. Stay Informed About Your Rights and Responsibilities

Understanding your rights and responsibilities under the law can help you make informed decisions. Stay informed about any changes in family law that might affect your situation. Your attorney can be a valuable resource in keeping you updated.

Seek Legal Assistance Today

Missing a child support payment is a serious matter, but taking proactive steps can help mitigate the impact. By communicating openly, seeking legal advice, and exploring your options, you can address the issue responsibly and protect your interests. At Foster Hsu, LLP, in San Jose, California, we are here to support you through this process and provide the legal guidance you need. Contact us today for a consultation.

Source:

courts.ca.gov/partners/documents/DCSS_changing_child_support.pdf