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If the father of my child gets laid off work do I still get child support?

Culver City, CA |

Hi there, I am a single mom located in California. The father of my child is going to be laid off work next month. He was paying child support until now, and I am wondering if he has to continue paying after he gets laid off or should I expect his child support to stop? We have a child support court order. He will receive a nice severance package from his work, but I know he would not pay any child support if this is an option for him. He actually mentioned to me that if something like this happens he will just take the money and travel for couple of year without paying any child support. Is he capable of doing this? Thank you for your advice!

Attorney Answers 4


  1. Best answer

    He would have to file for a modification, or interest is incurred. He would also likely be ordered to look for a new job, not travel to see the sights. Supporting his child should be his first priority.

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.


  2. He cannot stop paying child support without an adjustment in the current court order. If he does he will go into arrears and any amount owed will collect interest of 10% per year.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


  3. As mentioned by our esteemed colleague above, the child support order will continue to be enforced until father determines to modify child support. Even with a wage assignment order, you will not receive any child support beyond the monthly alloted amount. To that end, we advise that you seek an attorney who may be able to provide you with further assistance.

    Should this response be helpful, please mark "helpful" to support our firm. Thank you.

    Attorney David Lavi
    Los Angeles Long Beach Van Nuys Norwalk


  4. If he does not file for a downward modification of his child support obligation, then the child support order remains valid and will accrue arrears (assuming no payments) until a modification is made.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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