4 Tips When You Can't Afford Child Support
Posted on: 30 May 2017
The average monthly child support payment in the United States is $430 and can be significantly more depending on how many children you have, where you live, and other personal factors. While dads who are behind on child support are often vilified, in some cases you may very well want to make your child support payments on time but not have the means to do so right now. Perhaps you are in over your head with debt or recently unemployed. Here are four things to do when you can't afford child support:
Do Not Bury Your Head in the Sand
The worst thing you should do in this situation is ignore it. Failing to meet your child support obligations without proactively working with your former spouse and the courts to remedy your situation can result in serious penalties, including wage garnishment, fines, and even jail time.
In short, burying your head in the sand because you feel overwhelmed will only make your situation significantly worse and can even negatively impact your relationship with your child since your ex will be less inclined to speak well of you and agree to let you see your child often if you are behind on payments and haven't communicated the reasons why.
Hire a Family Law Attorney
It is a really good idea at this stage to request a consultation appointment with a family law attorney like Marlene Dancer Adams. Explain your situation and ask what options are available to you. If your income or your overall financial picture has changed for the worse since your divorce, you may qualify for a motion to modify your child support agreement.
Since your child support agreement was determined based on your finances at the time of your divorce, events such as having your hours cut, being laid off, or incurring large medical bills may work in your favor. Your attorney can help make sure your child support agreement is appropriate for your current income and finances.
Manage Your Debts
If one of the reasons you're behind on your child support is because you have other unmanageable debts, it's time to get them under control. Child support should always take priority over debts like credit cards. If you have student loans, file for a forbearance or deferment to give yourself temporary breathing room. Consider selling any items that you don't own outright; if it's a car, replace it with something modest that comes with more affordable payments.
Working with a debt counseling agency can help you restructure your debts in way that is more manageable. Finally, if you have more debt than you can reasonably expect to pay off, consider filing bankruptcy. Doing so will hurt your credit (though it is probably already suffering if you are behind on payments) and won't eliminate your child support, but it can eliminate credit card and loan debt, giving you more room in your monthly budget and helping you start over with a clean slate.
Talk to Your Ex
If your relationship with your ex-spouse is reasonably civil, it can be very helpful to have an honest and vulnerable conversation with them. Let them know you will pay more when you can, but for now the payments are more than you can manage. Let them know if you are asking for a child support modification. By approaching the problem in a collaborative way, you are more likely to get them to cooperate and agree to modified payments (either informally or through your attorney) instead of putting you through an expensive legal battle.
By following these tips, you will take control of your situation before it gets worse and create a manageable child support arrangement that works for you and your child.
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