If you recently lost your job and are currently unemployed, it is understandable if you can’t pay child support right now. The Oklahoma family courts are not unreasonable, however if you just stop paying your child support payments without notifying the courts or the other parent, you could suffer serious consequences. 
First Step If You Can’t Pay Child Support
If you discuss the situation with your spouse and tell them you can’t pay child support right now, and they agree to a lower payments, make sure it is in writing. This is where a family law attorney is absolutely necessary in order to protect your rights and funds.
Contact a family law attorney right away and make sure you have a petition to modifying child support filed immediately. A verbal agreement is not legally binding, which is why filing with the court is necessary.
Verbal Agreement With Your Spouse If You Can’t Pay Child Support
Although discussing this with the other parent and coming to an agreement may seem like the best avenue, this is not recognized legally. What typically ends up happening is the other parent agrees, and a few weeks later – when they start to feel the financial strain of not having those support payments – they either demand you pay everything owed or they take you to court.
If you can’t pay child support and have been withholding it or paying less than normal and are taken to court, you can be found guilty of contempt of court. This means that you will pay fines and an order will be issued for you to pay all the back child support, referred to as ‘arrears,’ and may be responsible for the other parent’s attorney fees.
This is why, if you can’t pay child support, you must retain a family law attorney immediately and file a petition for modification of support.
Modification of Child Support
Your family law attorney will explain that if you can’t pay child support because you lost your job, you may be entitled to a child support modification. The qualifications to request a child support modification include:
- request does not involve medical support
- if the support was not calculated correctly using the Child Support Guidelines
- the amount of support will change by twenty percent or more using the Child Support Guidelines
- if a significant change in circumstances is found
The most common topic used is a change in circumstance when a support order is modified. The most common change in circumstances includes:
- the child is no longer qualifies for support, due to no longer being a minor
- medical disability of either parent
- childcare or medical care changes
- significant change in the parents income or employment
Free Consultation with a Tulsa Family Law Attorney
It is clear from the above information that if you temporarily lose your job, the court system will work with you if you can’t pay child support, and your attorney will advocate strongly on your behalf. As long as you follow the correct procedures you will be able to adequately protect yourself and your finances.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child support modification process.
For a free confidential consultation, call now 918-924-5526.
