At Beller Law, PL, we understand how stressful child support matters can be in times of financial uncertainty. We have more than two decades of experience and are here to guide you through the legal steps for addressing child support challenges. In this article, we’ll cover how unemployment affects child support in Florida and how you can receive the best results in family court.
Understanding Florida’s Child Support Laws
Child support in Florida is calculated based on Florida’s child support guidelines. These guidelines consider factors such as:
- The income of both parents,
- The number of children involved,
- The amount of time each parent spends with the children, and
- Health insurance and daycare expenses.
A parent can seek child support in a divorce, separation, breakup, or even while still married.
What Happens to Child Support When You’re Unemployed?
When a parent’s financial situation changes due to unemployment, it can directly impact their ability to pay child support. However, the court typically does not stop or reduce child support when you’re unemployed. The courts expect that people will soon be employed again, and the children’s needs do not stop because of unemployment.
If you lose your job, the family law court might calculate your child support obligation according to the unemployment benefits you receive, depending on how long you have been unemployed and the circumstances. If you don’t receive unemployment benefits, the court might consider you voluntarily unemployed and impute income to you. Imputing income means that the court calculates your potential income based on the following factors:
- Your work history,
- Your work qualifications, and
- Prevailing wages in your area.
The court then bases your child support obligation on imputed income and can enforce that amount against you. If you have a change in your work situation, Florida courts expect you to act promptly and responsibly to address any changes and make payments on time.
Does Child Support Come Out of Unemployment?
Does child support take unemployment? Child support can come from unemployment benefits (also called reemployment assistance benefits). If you’re receiving unemployment compensation in Florida, some of those benefits may be garnished to satisfy your child support obligations. The state can garnish up to 40% of your benefits towards your existing child support obligation.
The maximum percentage for garnishment can be heavy when you don’t have work, and you have options for asking the state to review your garnishment for mistakes. Beller Law, PL, can identify and rectify these garnishment mistakes on your behalf.
Requesting a Modification of Child Support
Things change in every person’s life. Florida law allows parents to request a modification of their child support order if they experience a substantial change in their financial circumstances that affects their ability to pay. Longer term unemployment often qualifies as a valid change. However, unemployed parents typically need to demonstrate that their job loss has made a substantial change to cause at least a 15% or $50 change in child support guideline calculations.
To request a modification, you can do the following:
- File a petition with the court. You must submit a written request to modify your child support order.
- Provide documentation. Include evidence of your job loss, such as termination letters, unemployment benefit statements, and proof of your current financial situation.
- Attend the hearing. Be prepared to explain your circumstances to a judge and show that you’re actively seeking new employment.
If the court approves your modification, your child support obligation may be adjusted based on your current income and the guidelines.
What About Retirement?
A court may agree to end or reduce a parent’s child support obligation upon retirement. To receive this type of relief, retired parents must prove that they have reached retirement age according to the rules of the Social Security Administration or the customs of their profession. A retired parent must also prove that retirement affects the ability to pay support. Florida child support laws base a parent’s income not only on their wages but any income or potential source of income including the following:
- Royalties,
- Pension benefits,
- Interest,
- Retirement benefits,
- Dividends,
- Annuity payments,
- Rental income,
- Trust benefits, and
- Payments from an estate.
If a retired parent has significant income from one of the above-listed sources, the court might refuse to change the child support responsibilities.
What Happens If You Can’t Pay?
Failing to pay child support can have serious legal consequences, including:
- Accumulation of arrears (past-due payments);
- Suspension of your driver’s license;
- Interception of tax refunds;
- Suspension or denial of a professional or business license; and
- Contempt of court charges, which may result in fines or jail time.
If you’re unable to pay child support, it’s critical to address the issue proactively and immediately. Ignoring your obligation can only make the situation worse.
Steps to Take If You Lose Your Job
Aside from an employment search, addressing your child support obligations should be one of your first steps after a job loss. You might want to do the following:
- Contact an attorney. A knowledgeable attorney is typically your first and best line of defense in any family law situation. An attorney can identify and assert all of your rights in any legal forum.
- Notify the Florida Department of Revenue (DOR). Let the DOR know about your unemployment status so it can adjust any garnishment processes.
- File for a modification. As mentioned earlier, seek a formal modification of your child support order.
- Document your job search. Courts handling child support matters usually expect parents to seek employment actively. Keep records of your job applications and interviews.
We can help you with all of the above. Our team has decades of experience providing clients with the best counsel and effectively guiding them through the child support process.
Beller Law, PL, Can Help
At Beller Law, PL, our award-winning legal team is committed to helping Florida families find solutions during challenging times. If you’re facing unemployment and need help with your child support obligations, contact us online or by phone today to schedule a consultation. Let us help you protect your rights and ensure the best outcome for you and your children.