How child support works when you are unemployed

Also in
Show Endnotes
By
Massachusetts Law Reform Institute
Reviewed
Reviewed
Text

Children have the right to child support from both parents. If you are paying child support and you lose your job, you still have to pay child support. But, you might be able to change the amount that you pay.

It is important to act quickly, because only the court can change the amount of a child support order. You still need to keep paying unless and until the court changes the amount of the child support order. In this article, learn more about child support and unemployment.

Widgets
Do I still owe child support if I lose my job?

Yes, you still owe child support even if you lose your job. If there is a court order that says when and how much child support you must pay, you must continue paying. You have to keep paying that amount even if you don’t have the same income because you lost your job.

To change the amount of the child support order, you can file a Complaint to Modify a Child Support Order. As part of this Complaint, you give the court information about your new income. You can ask the court to recalculate how much child support you must pay.

The amount of a child support order is based on the income and expenses of both parents, including unemployment insurance. See How much child support will a judge order?  You may want to estimate how much a child support order is likely to change based on the child support guidelines before you start a case to change the order. Keep in mind that if a judge thinks you are earning less than you could be, they can base the child support order on the amount you could be earning, instead of the amount you are bringing in.

See Common questions about changing a child support order.
 

When can I file a Complaint to change the amount of a child support order?

It is important that you file the Complaint to Modify a Child Support Order as soon as your income changes. Even if the court changes the amount of child support that you owe, that change does not go back to the date that your income went down. The new child support order only goes back to the date that you let the other parent know about your Complaint by “serving” them with the court papers.

If you are ready to start a case to change the order, see How to change a child support order in court. Or, the Child Support Services Division of the Department of Revenue may be able to help you change the order. See Getting help with child support from DOR.

Do my Unemployment benefits count as income when it comes to paying child support?

Yes. Unemployment Insurance benefits count as income for child support calculations. The amount of a child support order is based on the income and expenses of both parents. See How much child support will a judge order? You will need to fill out a Child Support Guidelines Worksheet as part of your Complaint to Modify a Child Support Order. The Worksheet asks for your income, which includes Unemployment benefits. See How to fill out the Child Support Guidelines Worksheet.

Learn how to apply for Unemployment Insurance.
 

Can DUA deduct child support that I owe from my Unemployment Insurance benefits?

Yes. The Department of Unemployment Insurance can deduct (subtract) up to 50% of your UI benefits. They will send this amount to the other parent. If 50% is not enough to cover the amount of child support that you owe, you will still need to pay the remaining amount.

I get child support from the other parent, who just lost their job. What can I do if my child support stops?

Even if the other parent loses their job, they still need to pay child support. When there is a child support order in place, the parent who pays child support must keep paying unless the court changes the order.

If the child support was coming directly from the other parent’s employer through a “wage assignment,” those payments might stop. But the other parent must keep paying you the child support that they owe.

If the other parent starts getting Unemployment Insurance benefits, the Department of Unemployment Assistance can send some of these benefits directly to you as child support.

If the other parent isn’t paying child support, you can ask the court to enforce the order. See Contempt Actions. Or, the Child Support Services Division of the Department of Revenue (DOR/CSS) may be able to help you get the missing child support. They can help with a Contempt action. They also have other ways to enforce child support orders, like taking bank accounts and tax refunds. See Getting help with child support from DOR.

If the court reduces the child support order because the other parent lost their job, you can ask the court to increase it again once they start working. See How to change a child support order.

I just lost my job. I get child support from the other parent. Will my job loss affect my child support?

The other parent must keep paying the court ordered amount of child support unless the court changes the order. The amount of a child support order is based on the income and expenses of both parents. See How much child support will a judge order? If your income has gone down due to a job loss, you can file a Complaint to Modify a Child Support Order. Remember that if you start getting Unemployment Insurance benefits, this will count as income for you.

You may want to estimate how much a child support order is likely to change based on the child support guidelines before you start a case to change the order. Keep in mind that if a judge thinks you are earning less than you could be, they can base the child support order on the amount you could be earning, instead of the amount you are bringing in.

If you are ready to start a case to change the order, see How to change a child support order in court. Or, the Child Support Services Division of the Department of Revenue may be able to help you change the order. See Getting help with child support from DOR.

I think the other parent has started working again. Can I get more child support?

Maybe, if you can show that they have more income. Learn more at Common questions about changing a child support order.

Was this page helpful?