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If your ex loses a job, they might need to modify child support

You and your ex-spouse have a good child support agreement in place. They generally pay on time and are honest when they are going to be late or need to pay less. On the whole, you've been happy with the situation.

Then, your ex called one day to tell you that they had lost their job. They want to change how much they pay in support. While you understand why they need to, it also means that your child's financial support is going to take a hit. You don't want to go without the benefits that they need to cover their medical care or extracurricular activities.

If your ex can't pay, know that they can seek a modification

The first thing to know as a parent who may lose child support income is that your ex-spouse does have a right to file for a child support modification if they lose their job or have other financial issues come up. They should continue making payments as usual until the support payments are officially modified in court, but that might not be possible.

As the recipient of those funds, it's important for you to write down how much you're getting each month and to keep track. In the future, you may be able to seek that money in back child support if the court didn't approve a change in what your ex owes.

Changes in support can affect you and your child, so if you have questions or concerns about an ex-spouse who cannot pay, it may be worth your time to look into the legal options you have to get your child the support they need.

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The Law Offices of Oliver R. Gutierrez
600 Allerton St., Suite 200
Redwood City, CA 94063

Phone: 650-399-0962
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