Changing a Child Support Order When a Parent is Unemployed
During the pandemic and the resulting surge in unemployment, many parents are finding that they have lost their jobs or had their hours reduced. These parents are having trouble making ends meet and are often unable to keep up with child support payments.
Child support payment obligations that have been ordered by the court do not stop when a parent becomes unemployed. They only stop when a court changes an order that required support. Today’s blog post is going to address what a parent can do to stop the obligation when they are in Virginia, West Virginia and the District of Columbia.
A parent who has become unemployed will incur a debt for any unpaid child support payments. This debt is called an ""arrearage"" and could result in wage withholdings, liens, and even incarceration.
When a parent has lost a job, that parent must take action to change the order to avoid the arrearage. This post will answer some questions about child support payments and unemployment. We will look at the process in the states where we practice and provide mediation.
In Virginia:
The court issues most child support orders. The Child Support Enforcement Division (CSED), however, enters orders in some cases. If an order was issued by the court, it must be modified by the court and those issued by CSED can be modified within that agency.
Parents begin the modification process with the help of a Virginia child support attorney by verifying an active case with the state. They may contact the The Virginia Customer Service Call Center at (800) 468-8894 who will provide callers with the district office that manages a child support case.
At that point, a parent may contact their local CSED and request a review of the child support obligation. The review begins will be based on the income of both parents and the guidelines adopted by Virginia. If one parent loses their job, that could result in a modification when that parent's income increased or decreased by at least 25%. The form to request the modification is at https://www.dss.virginia.gov/files/division/dcse/forms/032-18-0820-04-eng.pdf
After a review request is received, DCSE sends financial statements to the custodial and noncustodial parents to complete. DCSE conducts a review to determine whether an adjustment to the obligation is needed.
When the child support order was issued by the court, a parent may contact the child support office to review it, or may go directly to court. To file at the courthouse directly parents file a request to modify with the Clerk of the Court. This form can be used by parents who are not working with an attorney. http://www.courts.state.va.us/forms/district/dc630.pdf
Normally, anyone can file a document with the clerk’s office. However, The Virginia order entered in March by the Supreme Court limits access to the clerk’s office. The order provides that ""If a court finds it necessary to limit access to the court clerk's office for any time during the scope of this order, the clerk's office shall, nonetheless remain accessible during regular business hours by telephone and email, with such contact information posted on the Internet and at any public entrance(s). If available, drop boxes should be used for any conventionally filed documents and clerks shall take steps to safely accommodate any individual(s) requiring access for important matters, including but not limited to, title or record searches and recordation of land records."
Anyone wanting to file a document with the court may contact the Clerk of the Juvenile and Domestic Relations Court in to determine whether to efile, file by mail, or file in person.
Once a pleading is filed, the court schedules the matter for an initial hearing and refer it to mediation. If parties reach an agreement before the hearing and file it with the court they often are not required to attend court in person. If you have an ASO Administrative Order, you will may be required to go to court, but you will have the right to appeal the modified child support order. The form for appealing the administrative order is located here. http://www.courts.state.va.us/forms/district/dc601.pdf
To learn more about the impact of an existing order, this PDF has been produced by Virginia Legal Aid. https://www.valegalaid.org/resource/back-child-support?ref=bpUG7
For additional information, the Virginia, CSED has put together a guide at https://www.dss.virginia.gov/files/division/dcse/announcements/frequently_asked_questions_covid19.pdf
In West Virginia:
Child support orders are issued by the Family Court in West Virginia and may only be modified by a court. Therefore, if a parent loses their job, child support continues to be due, and any debt for unpaid amounts will continue to accrue. Consequently, it is imperative that if a parent is out of work, they apply to the court to modify your support.
Parents may contact DHHR under the guidance of their West Virginia child support lawyer and request the modification, who may assist parents in ensuring the modification. However, the earliest date that the court may backdate an obligation will be related to the date the complaint is filed with the court and served on the party. Therefore, it might be best to also file a petition directly with the court when a parent becomes unemployed. Parents may contact their local DHHR for more information about the services they may provide.https://dhhr.wv.gov/bcse/Pages/Find-Local-Office.aspx
Parents may also file a petition to reduce support directly with the court. Forms are free and available online to modify a child support obligation at the Supreme Court's website. http://www.courtswv.gov/lower-courts/family-forms/index-family-forms.html
The instruction for filing an expedited motion due to a change in circumstances is here: http://www.courtswv.gov/lower-courts/family-forms/SCA-FC-225-InstructionsExpeditedModificationChildSupport.pdf
The expedited motion is more straightforward and does not address any issue except child support.
The instruction on filing the modification is here: http://www.courtswv.gov/lower-courts/family-forms/SCA-FC-200-InstructionsModificationChildSupport.pdf
Once the form is completed, the parent must file it with the court. During the pandemic, most clerks offices have restrictions. Parties may contact the clerks' office in the county where the parent is filing (typically where the order was from, to begin with). This link provides a list of all clerks and how they may be contacted during the pandemic. http://www.courtswv.gov/public-resources/court-information-by-county.html .
Here is the link to information provided about modifying child support orders by the West Virginia: https://dhhr.wv.gov/bcse/parents/Pages/Modification-of-Child-Support-Orders.aspx
In the District of Columbia:
In the District of Columbia, the modification begins when a parent contacts the office of the Child Support Division and requesting the review. https://cssd.dc.gov/
This brochure https://cssd.dc.gov/sites/default/files/dc/sites/cssd/publication/attachments/Modifying%20an%20Order.pdf
provides details on how to obtain that modification. Consult with a D.C. child support lawyer for assistance throughout this process.
What our office can do:
Our office provides mediation and collaborative representation in D.C., Virginia, and West Virginia family law matters. You may schedule a free meeting with me to discuss whether mediation or collaborative practice may help resolve your child support matter here.
