Losing your job may give you grounds to request a child support modification in Maryland if it causes a material change in your financial circumstances. However, unemployment does not automatically reduce or suspend your existing obligation.
Until the court changes the order, you generally must continue paying the amount currently due. Acting quickly can limit the amount of support that accrues while your modification request is pending.
When Can Child Support Be Modified After a Job Loss?
Under Maryland law, a court may modify child support after a parent files a motion and demonstrates a material change in circumstances. A substantial, involuntary loss of income can meet that standard.
The court will consider the size and likely duration of the change. In Maryland, an income change of at least 25% is generally viewed as strong evidence of a material change, although it does not automatically guarantee that support will be modified. A smaller change may also justify review depending on its effect on the support calculation and the other circumstances involved.
Modification may also be relevant to the parent receiving support. If that parent loses a job, the new income figures could increase the other parent’s share of the support obligation.
Does It Matter Why You Lost Your Job?
Yes. The court will examine whether unemployment was beyond your control or resulted from a choice you made.
Being laid off because your employer reduced its workforce is different from quitting without another position lined up. The court may also look closely at a termination caused by misconduct or a decision to move into substantially lower-paid work.
Maryland defines a voluntarily impoverished parent as someone who freely and consciously chooses to be without adequate resources. If the court finds that you are voluntarily impoverished, it may calculate support using your potential income rather than what you currently earn.
If the court finds that you are voluntarily impoverished, it must consider statutory factors when deciding how much potential income, if any, to attribute to you. These include:
- Your work and earnings history
- Your education, training, and job skills
- Your health and ability to work
- Available jobs and prevailing wages in your community
- Your documented efforts to secure employment
You should be ready to explain what happened and show that you are making a serious effort to find appropriate work.
What Happens to Child Support While You Are Unemployed?
Your current child support order remains enforceable unless the court modifies it. Missing payments can lead to arrears, even if your job loss was involuntary.
Maryland courts generally cannot reduce support for the period before you filed your motion. A modification may apply as far back as the filing date, but not to an earlier date. Waiting several months after losing your job could therefore leave you responsible for the full original amount during that time.
Unemployment insurance benefits also count as income under the Maryland Child Support Guidelines. Severance pay may be considered depending on the circumstances. The court will review your available income, the other parent’s income, custody arrangements, and certain child-related expenses when recalculating support.
How Do You Request a Child Support Modification in Maryland?
To seek a change, you must file a motion with the appropriate Maryland circuit court. Filing paperwork alone does not guarantee that the request will be granted. You must provide evidence supporting the claimed change in circumstances.
Useful records may include:
- A termination or layoff notice
- Recent pay stubs and tax returns
- Unemployment benefit statements
- Bank and severance records
- Job applications, recruiter communications, and interview records
Continue paying as much as you reasonably can while the case is pending. Partial payments do not change the order, but they can show that you are attempting to meet your responsibility.
If you receive support and the other parent asks for a reduction, you may present evidence concerning that parent’s income, job prospects, financial resources, and employment decisions.
Take Action Before Unpaid Support Builds Up
A job loss can change your ability to pay, but the court needs a properly supported request before it can adjust your obligation. Delaying may allow unpaid support to accumulate under an order that no longer reflects your financial circumstances.
Darin L. Rumer represents parents in Montgomery County, Frederick County, and throughout Maryland in child support modification cases. We will review your employment change, gather the relevant financial records, and present your position clearly to the court. Contact us today to discuss filing or responding to a modification request.