When courts award alimony and child support orders they do so with full knowledge that your life circumstances will likely change at some point. That being said, unless someone applies to have those orders modified, they remain intact. So if your ex-husband has been paying child support for some time now and recently lost his job, a number of things could happen. Let’s discuss a couple of those.
Most fathers will likely appeal to the court for child support modification after something major has happened such as a personal injury or job loss. If this happens, your ex will need to give you copies of all court documents that he files. Once this happens (or if you find out modification has been filed and you have not received appropriate documentation), contact the offices of Ann A. Thomson to find out what options we have to pursue what’s best for you and your children.
Your ex-spouse may also try to reason with you without officially taking his appeal to court. This will not be a good decision for him. If no modification is petitioned for then he will be responsible to continue to pay child support as is. If and when he fails to pay or short pays, the account goes into arrears.
The moment you suspect this is happening, contact our offices for counsel on what’s the appropriate next step. Depending on how long you go without receiving payment, the amount owed could go into collections and when he does begin to receive income your kids’ support could come straight out of his check until his obligations are met.
A third scenario is that your ex holds out for a while, the amount owed goes to collections, and this gets his attention so he begs for modification in court. Once modification is awarded, however, it is not usually retroactive. What’s previously owed will still be outstanding until brought current.
Ann A. Thomson’s Orange County office is poised to serve you and your family with any matter pertaining to divorce and family law. Feel free to contact us online anytime or call 562-431-4333 for your free initial consultation with an experienced and proficient California Family Law attorney.