Losing a Job Doesn’t Stop Support Automatically
If you lose your job in South Carolina, you are still legally required to pay child support under your existing order. Stopping payments without court approval can lead to arrears, fines, or even jail time.
How to Request a Child Support Modification
To lower your child support, you must file a petition for modification with the family court. Judges in Lexington will consider:
- Proof of your job loss (termination letter, unemployment records).
- Your efforts to find new employment.
- Whether the loss is temporary or long-term.
Until the court changes your order, the original amount remains due.
What the Court Considers
South Carolina courts will not reduce support for every job loss. They look at:
- Whether the unemployment was voluntary or involuntary.
- Your earning capacity and ability to find comparable work.
- The needs of your child, which remain the priority.
Options While You Wait
While your case is pending, you may:
- Apply for unemployment benefits to help cover payments.
- Seek a temporary reduction if approved by the court.
- Negotiate with the other parent, though only a judge can make it official.
Quick FAQs
Can I stop paying child support if I’m unemployed?
No. You must keep paying until the court modifies your order.
How long does it take to get a modification?
It varies, but Lexington County family court may take weeks or months depending on the case load.
What if I find a new job?
The court may adjust payments based on your new income once your petition is heard.
If you’ve lost your job and can’t afford child support, don’t wait until arrears pile up. Call The Farley Law Firm today to schedule a confidential consultation and learn how to request a modification in Lexington family court.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your case.