How to Claim a Hardship When Paying for Child Support
Almost always, the amount of child support a non-custodial parent is required to pay is based on the income of that parent at the time of the most recent child support hearing. Even the most responsible, hardworking parent dedicated to complying with their child support order may face an unforeseen circumstance that makes fulfilling this obligation a true impossibility. Unfortunately, the court has no way to know that you are experiencing a hardship, unless they are made aware of the situation. Immediate steps should be taken to prevent legal action from occurring that could compound your current financial problems.
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Instructions
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Run, do not walk, to your local child support court and ask for the proper forms to address a financial hardship. Most states require that such a matter be addressed via a petition to modify the existing child support order. Explain your situation to the clerk and ask if an emergency hearing may be considered, and if so, find out what forms would be needed to request such a hearing.
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Be specific yet realistic in your petition about what you are requesting while being brief but clear about your crisis. Saying that your obligation is too much and you can't afford it does not demonstrate sincerity when a judge prepares for your hearing by reading your petition. Being too vague may raise suspicions that you are simply complaining.
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Gather all of your financial information including proof of current income and expenses. You will be expected to provide some form of proof that you are experiencing a hardship that prevents you from being able to pay your previously determined child support. Be willing to share with the judge your thoughts regarding how long this hardship may last and what you are doing in the meantime to overcome this crisis.
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Continue to make your child support payments in a timely manner, if at all possible, while awaiting your hearing date. Aside from the obvious moral obligation of a parent to provide for his child even amidst the toughest of times, the legal repercussions you could experience can create even further havoc in your own life. Remember that many states are quick to freeze bank accounts and suspend driver's licenses, potentially risking checks bouncing and the inability to drive to work. In worst-case scenarios, arrest warrants can be issued on parents who fail to meet their child support obligations over an extended amount of time.
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