What happens if my ex-spouse is not working due to layoffs during the COVID Pandemic—do they still have to contribute to child support?

When child support is ordered, the parent who is obligated to pay is expected to make the payments. Because it is a court order, failure to pay could result in imposition of various penalties. In the present environment, many parents have experienced job loss, furloughs and layoffs as a result of COVID-19. For legal advice about a parent’s child support obligations when a parent has had their job affected by the pandemic, contact the Miami FL family lawyers from the Law Office of Scott A. Ferris.

Does a parent have to make child support payments if they are laid off?
Because child support is an order of the court, the parent who is required to do so must make the payments unless the order is modified. In order to seek modification, the requesting parent must go through a process. If the parent fails to pursue modification, then the order remains in effect and they are expected to pay.

If the parent fails to pay child support, then they may have a defense on the basis of inability to pay. This defense could be raised to avoid contempt of court, but it does not necessarily absolve them of the obligation to pay.

Ultimately, the purpose of child support is to benefit the child. A child will continue to have needs, regardless of whether a parent is working. Because of this, parents must find a way to provide financially for the child and pay child support.

What should you do if a parent stops paying child support?
If a parent stops paying child support, then contact our Miami FL family lawyers to discuss your options. We will carefully review your situation and provide legal advice about how to proceed. If you have questions about child support or need representation, contact the Law Office of Scott A. Ferris to schedule a consultation.