What to do about CS when unemployed?

[newwifefl]

What is the name of your state? FL

Hi All,

My husband pays a significant amount of child support to his ex. He company is being purchased and after 9 yrs of employment there, it is looking very likely that he may be layed off from work in the next month or so.

Question is should he file for modification of child support immediately if this happens or does he have to pay unemployed for a period of time before it will be granted. His child support is more than unemployment would be so he will be behind immediately.

How does this work and what are the courts likely to do? It could likely take him several months to find another job. I'm concerned because last time time he was layed off, for only one month before he found a new job, the ex was already trying to have him put in jail for not paying.

Any advice is appreciated.

 

[Gracie3787]

What is the name of your state? FL

Hi All,

My husband pays a significant amount of child support to his ex. He company is being purchased and after 9 yrs of employment there, it is looking very likely that he may be layed off from work in the next month or so.

Question is should he file for modification of child support immediately if this happens or does he have to pay unemployed for a period of time before it will be granted. His child support is more than unemployment would be so he will be behind immediately.

How does this work and what are the courts likely to do? It could likely take him several months to find another job. I'm concerned because last time time he was layed off, for only one month before he found a new job, the ex was already trying to have him put in jail for not paying.

Any advice is appreciated.

He should file as soon as he knows for sure. Since the layoff is expected, it's a good idea to have all the forms ready to be filled out and filed/served.
He should also immediately file for unemployment, which will be garnished for the CS, but it's a good way to be able to pay something while waiting for the court date. He should make sure to request that any modification ordered be retro back to the filing date. If he files the day after being laid off, that will make it retro back to the change in income.
He'll need to keep a detailed journal of his job search to be able to prove to the court that he is looking for work.

 

[newwifefl]

Gracie thank you very much for the information.
You mentioned unemployment would be garnished for CS. Can 100% of it be garnished or is there a % max that can be garnished in FL?

 

[Gracie3787]

Gracie thank you very much for the information.
You mentioned unemployment would be garnished for CS. Can 100% of it be garnished or is there a % max that can be garnished in FL?

Check the court order, if it doesn't state how much unemployment is to be garnished, then 40% will be garnished. (if the order was issued prior to July 1 2006, the order should state the amount) The statute does say that if the garnishment exceeds the support obligation, the DOR is supposed to refund the difference to the NCP:

Florida statute 433.051(3)(b):

For support obligations established on or after July 1, 2006, and for support obligations established before July 1, 2006, when the support order does not address the withholding of unemployment compensation, the Agency for Workforce Innovation shall deduct and withhold 40 percent of the unemployment compensation otherwise payable to an individual disclosed under paragraph (a). If delinquencies, arrearages, or retroactive support are owed and repayment has not been ordered, the unpaid amounts are included in the support obligation and are subject to withholding. If the amount deducted exceeds the support obligation, the Department of Revenue shall promptly refund the amount of the excess deduction to the obligor. For support obligations in effect before July 1, 2006, if the support order addresses the withholding of unemployment compensation, the Agency for Workforce Innovation shall deduct and withhold the amount ordered by the court or administrative agency that issued the support order as disclosed by the Department of Revenue.