If you’ve been experiencing financial difficulties – perhaps to the extent that you’re considering bankruptcy – you may have fallen behind on your child support payments. Maybe you’ve only been paying as much as you can afford.
Your co-parent may have decided that they aren’t going to let you have access to your child until you “pay up.” While that seems only fair to some parents, that’s not how the law works. Parental custody and parenting time are not a reward for paying child support. Both are based on court orders that must be followed or modified if necessary, and both are largely for the child’s benefit. It’s not a quid pro quo. That’s something too many parents don’t understand.
If you can’t comply with the support order, notify the court
If you’re unable to meet the child support requirements detailed in your support order, you need to request a modification by the court and provide evidence of your changed financial situation. Otherwise, you’re failing to abide by a court order and could face consequences like having your wages garnished or possibly even jail time. Even if your co-parent agrees to accept less, you still need to have the change approved by the court before you can escape potential consequences for not being able to meet your obligations as written.
That’s why it’s crucial to let the court know as soon as possible if circumstances have changed (for example, maybe you’ve lost your job or there was a costly medical situation) and seek a modification of your support order. Even if you told your co-parent and they agreed to get by on less, you still need to notify the court since you’re in violation of a court order.
Bankruptcy won’t relieve you of your support obligations
If you do file for bankruptcy, it’s important to know that child and spousal support debts are among those that can’t be discharged. However, if by being able to discharge other debts in Chapter 7 bankruptcy or develop a repayment plan, as you do with Chapter 13 bankruptcy, you’ll likely be in better shape to meet your obligations and provide for your child.
If you’re finding it impossible to keep up with your child support order, the best first step is to seek legal guidance. This will help minimize the chances of facing unnecessary legal consequences or of having access to your child denied by your co-parent.
