If you cannot afford your child support burden, you need to motion the court to reduce it.
In most divorce cases that involve minor children, there will have to be a determination as to how much child support one spouse will receive from the other. This will largely depend on how much each party makes and how much time each party has with the children.
Family Court uses Dissomaster, a software program to enter in your income and your spouses’ income as well as the amount of time each party spends with their children to determine how much support is to be paid. The factors of time and income are important to identify accurately in order to ensure that the amount of support is equitable under the law.
It is important to understand that child support needs to be paid. If a parent owes a child support debt, that parent is going to have to find a way to pay that support one way or another. It can be very hard to catch up on support once you fall behind.
Interest accrues on child support at 10% per year. And if your spouse goes on government support due to your failure to pay child support, then the Department of Child Support Services will get involved and look for ways to collect the back child support and the support provided to your spouse because they couldn’t afford to live.
Additionally, child support arrears are not dischargeable in Bankruptcy. There are people who have 50-year-old children who are still paying back arrears on child support. If you cannot afford your child support burden, you need to motion the court to reduce it.