Do I Have to Pay Child Support If I Quit My Job?

 Posted on July 08, 2024 in Divorce

Child support is a legal obligation imposed by courts to make sure children’s needs are met after divorce. The provisions of a child support order are based on certain factors, like the child’s developmental and educational needs and the financial situation of each parent.

Circumstances change, however, and employment changes happen all the time. When parents lose or quit their jobs, they understandably want to know if they can reduce or stop their child support payments. This is called child support modification and it must be approved by a judge, so any requests for modification should be brought by a Texas child support modification attorney.

It is not easy to get a judge to modify a child support order, however. Courts are reluctant to make changes, particularly within the first couple of years following a divorce. This article will explore whether you still have to pay child support if you quit your job. 

Can I Stop Paying Child Support If I Am Unemployed?

The first important thing to understand about child support is that it centers on the child’s needs. Those needs do not change if you lose or quit your job. A court will therefore be reluctant to lower support for the child just because you are no longer employed.

Nevertheless, a judge may modify a child support order depending on why you are unemployed. If you were fired or let go as part of a mass layoff, for example, that is considered involuntary unemployment and a judge may consider it a reason to modify the original court order.

However, the judge will first want to understand certain things, like:

• The reason you are unemployed (or underemployed)

• What steps you have taken to find or increase employment

• How much you have earned in the past

What If I Quit My Job?

If you quit your job, however, that is considered voluntary unemployment and you will find little sympathy from a judge when it comes to your financial obligations to your child. There may be exceptions to this, like if you were forced to resign because of circumstances beyond your control. In general, however, courts do not look kindly on parents who choose to leave their jobs and then ask to pay less child support.

Earning Potential

When making decisions about child support, judges also look at something called your earning potential. This means a judge can estimate how much you ought to be making based on your education, employment history, and other factors. A court, therefore, can order you to pay child support based on your earning potential even if you are currently unemployed.

Contact a Bexar County, TX Child Support Modification Attorney

If you are unemployed, it may be worth requesting child support modification from the court. However, this is a serious undertaking and should be done by a San Antonio, TX child support modification lawyer who has experience dealing with courts on this issue. At Brandon Wong & Associates, we understand how a judge might view your case and we will guide you toward the best outcome possible for you and your child. Call 210-201-3832 to speak with a friendly and knowledgeable attorney today.