The American courts treat child support as one of the highest obligations a person can have. Becoming unemployed doesn't change your child support obligations unless you get a new court order. If your loss of work causes you to fall behind on your payments, the state may garnish your unemployment payments to pay the arrears.
Child Support Obligation
Child support is money you pay to the custodial guardian of your child to help with expenses related to his care. Child support can be paid weekly, bimonthly or monthly, depending on the way you receive your income. Child support isn't taxable and therefore isn't tax deductible. Child support can be a voluntary agreement you make with the custodial parent or a court ordered payment determined by a judge.
Unemployment Benefits
Unemployment benefits are temporary benefits offered by the state to those who are unemployed through no fault of their own. Each state taxes the companies and organizations that do business within it based on its payroll. The state then uses that money to pay weekly or bimonthly payments to unemployment claimants.
Garnishment for Unemployment
Unemployment benefits are subject to garnishment in most states for certain debts, including child support. The state labor office deducts a portion of each unemployment payment to pay your back child support. The amount can vary depending on the specific state laws. Some states only allow a small percentage while others will give your entire unemployment check to the garnishment.
Getting a New Order
If you're unemployed or underemployed, avoid garnishment for child support by petitioning the courts to reevaluate your payments. Most states allow a noncustodial parent to go back to court every few years or when your circumstances change significantly. Losing your job qualifies in most cases. The judge issues a new payment order based on your new circumstances.
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