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He was laid off *Child support question* Vodka Knockers 1 child; North Carolina 8063 posts
29th Jul '13

I just found out today that my son's father was laid off at work, from his mother.
Right now we have a court order to have child support taken out of his pay check weekly because he is incapable of paying on his own will. His mother told me that he's going to be receiving unemployment, but is also trying to get a job with his step-father. I've been looking for part time work but not a lot of interest considering I don't have child care anymore and have a very limited schedule with school. Right now I'm a SAHM, starting 5 classes online in August, taking one online over Summer.
Will they take child support out of his unemployment? Do I need to call the case worker and inform her? I know he won't call her and tell her, he never updates them. Will they lower the amount sent each month because of him being laid off, even though they didn't raise the amount considering he got a 33% increase in pay over 6 months ago?
TIA.

BαtMαɳ Gotham, __, United States 67179 posts
status 29th Jul '13

More than likely, depending on how much his unemployment is, they will lower the amount or even might drop it to zero, depending on how much he will be getting.



You can call your case worker but more than likely his old job will let them know.

Crystal 3 kids; Hephzibah, Georgia 15566 posts
29th Jul '13

Yes they can take it from his Unemployment check. They should do a check before giving him his portion of the money, to see if he owes CS or anything else Court Ordered like that. As for the amount, it will still be the same amount he was ordered to pay. It only changes if he goes to Court and asks for a re-evaluation.




But depending on how much he will get off Unemployment, you may not receive it all. I'm fairly sure they will only take a portion of the check. The rest will turn into arrears that he will have to pay once he starts working again.

Jenny&Boopy TTC since Jul 2014; 2 kids; Pittsburgh, Pennsylvania 7355 posts
status 29th Jul '13

Yes, they'll take it from his unemployment. It depends on how much he pays you. My ex only pays $200 a month so I still got the full amount. He'd have to take me to court for a possible decrease.

Vodka Knockers 1 child; North Carolina 8063 posts
29th Jul '13
Quoting Crystal
Vodka Knockers 1 child; North Carolina 8063 posts
29th Jul '13
Quoting
Jenny&Boopy TTC since Jul 2014; 2 kids; Pittsburgh, Pennsylvania 7355 posts
status 29th Jul '13

<blockquote><b>Quoting Vodka Knockers:</b>" He's ordered to pay $187/mo but has been paying $200/mo to try and pay off some of his back pay little ... [snip!] ... the case worker. He does construction and if he gets a job with his step-dad, I'm pretty sure it's all under the table..."</blockquote>




Depending on how much he's getting you could still get it all. My ex got fired from his regular job and gets paid under the table but gets a 1099 at the end of the year. He's been there three months and won't tell domestic relations where he works and isn't paying regularly. They told me if he doesn't pay this month, which is almost over, he's going to go to a contempt of court hearing. There he'll have to pay at least one month that day or go to jail until he pays half or more in arrears. He also has to tell them where he works because they told me they will contact his employer and make them take the money out before he gets his pay.

bean.dip 1 child; 3 angel babies; Assawoman, Virginia 1192 posts
30th Jul '13

The only way his arrears will be dropped to 0 is if he can prove he lives below the poverty level. Which, in most states, is very, very, little. So it's not very likely. And yes, CS will be taken out of his unemployment. My ex was on unemployment and had been behind on his payments. He was supposed to pay $60/week and they bumped it up to $90/week to cover his arrears. And yes that was while on unemployment.