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Lost Job and Pay Child Support

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  • 03-08-2011, 02:14 PM
    Holsky1
    Lost Job and Pay Child Support
    My question involves child support in the State of: South Carolina
    What can I do if I lost my job recently and I am ordered to pay child support? I am not behind yet, but in the next week, I will not be able to pay. I was on contract and it ran out unexpectedly due to cut backs, so I can't even get unemployment. I don't want to get behind. I am searching for a job as we speak & even the company I contracted through is trying to help! I even put in an application at the local grocery store who basically turned me away because of people like me looking for jobs! What can I do?
  • 03-08-2011, 02:17 PM
    Dogmatique
    Re: Lost Job and Pay Child Support
    Why can't you get unemployment? If you were "let go", you should qualify...

    In the meantime you need to petition the court to modify the current order. You can do this yourself - the court-house may even have forms online, you'll have to check.
  • 03-08-2011, 02:44 PM
    Holsky1
    Re: Lost Job and Pay Child Support
    Quote:

    Quoting Dogmatique
    View Post
    Why can't you get unemployment? If you were "let go", you should qualify...

    In the meantime you need to petition the court to modify the current order. You can do this yourself - the court-house may even have forms online, you'll have to check.


    I didn't think I could get unemployment because I still work for the contract company. I'm just not contracted out at the moment. I usually know when my contract runs out and so I can be prepared, but this was all the sudden.
  • 03-08-2011, 02:48 PM
    Dogmatique
    Re: Lost Job and Pay Child Support
    Apply anyway - you won't get anything if you don't apply, but you might if you do!
  • 03-08-2011, 03:02 PM
    Holsky1
    Re: Lost Job and Pay Child Support
    Quote:

    Quoting Dogmatique
    View Post
    Apply anyway - you won't get anything if you don't apply, but you might if you do!

    What if I can't get it? How will the court look at it if I have no income? Do I apply for unemployment first and then have my child support modified? I am just afraid of this getting out of hand!
  • 03-08-2011, 03:18 PM
    Dogmatique
    Re: Lost Job and Pay Child Support
    File for unemployment immediately, and then file to modify the child support order.

    If you don't qualify, at least you've tried. The courts tend to be quite considerate if the parent is genuinely involuntarily unemployed (regardless of whether the parent qualifies for UI). But do it soon.

    You're doing the right thing and being responsible. :)
  • 03-08-2011, 03:30 PM
    Lawrence084
    Re: Lost Job and Pay Child Support
    I was a independant consultant for 15 years. When I lost my contract due to 9-11, I thought the same thing you are thinking. So I never applied and went in to serious debt. What I found out years later was if you pay taxes you are entitle to unemployment. Something I wish someone told me years ago.
  • 03-08-2011, 03:45 PM
    Dogmatique
    Re: Lost Job and Pay Child Support
    Quote:

    Quoting Lawrence084
    View Post
    I was a independant consultant for 15 years. When I lost my contract due to 9-11, I thought the same thing you are thinking. So I never applied and went in to serious debt. What I found out years later was if you pay taxes you are entitle to unemployment. Something I wish someone told me years ago.



    Yeap! It never hurts to apply. There's nothing to lose!
  • 03-08-2011, 06:03 PM
    Holsky1
    Re: Lost Job and Pay Child Support
    Quote:

    Quoting Dogmatique
    View Post
    File for unemployment immediately, and then file to modify the child support order.

    If you don't qualify, at least you've tried. The courts tend to be quite considerate if the parent is genuinely involuntarily unemployed (regardless of whether the parent qualifies for UI). But do it soon.

    You're doing the right thing and being responsible. :)

    I am trying to be responsible plus I love my kids! Will the filing for unemployment be enough to show that I was involuntarily unemployed or do I need to show something else?
  • 03-08-2011, 06:11 PM
    Dogmatique
    Re: Lost Job and Pay Child Support
    Well...you were basically "laid off". That is generally considered to be "involuntary unemployment" . In most cases, you can modify child support at least temporarily.

    Here are some scenarios:

    Example A: You're a contractor, and you're basically laid off. You will generally (assuming you meet the other requirements) qualify for UI, and the courts are more likely to approve a downwards modification.

    Example B: You're just not making the numbers. For whatever reason, your sales just aren't good enough even though you're trying. So you're fired. You generally will qualify for UI (most companies won't object in these situations) and the courts will be more inclined to lower the child support.

    Example C: You stole $500 from the cash register. You get caught, and you're fired. Not only will you likely NOT qualify for UI, but courts may consider this a voluntary reduction in income and deny the petition.

    Example D: You quit because the boss is really, really getting on your last nerve. You will not qualify for UI, and the courts will consider this a voluntary reduction in income.

    Does this make more sense? :)
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