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  5. What Do I Do, I Lost My Job And Cannot Pay Child Support?

What Do I Do, I Lost My Job And Cannot Pay Child Support?

On Behalf of Dixon & Moseley, P.C. | Jun 11, 2020 | Child Support, Family Law

Clearly, with COVID-19 and significant changes in the global supply chain currently impacting most businesses, everyone has had their job put at risk to some degree. This is the case even in great economic times. A simple restructuring of a company may cause a job loss. In this case, many parents paying child support simply do not know what to do. Willful failure to pay support is a contemptible action in court. This blog explores the best practices to follow when you lose your job and/or otherwise cannot pay child support.

The best way to start to address this problem is to seek the guidance of counsel. There are many different ways this may be addressed with your ex-spouse that may be done without significant litigation, such as temporary abatement of child support by agreement. Ignoring the problem may make it far worse because you do not act. For instance, a trial court can retroactively modify your child support back to the time of job loss or reduction in income. However, it can only retroactively modify to the date you file your petition.1 Thus, it is imperative that you immediately file a Verified Petition to Modify Child Support in most cases with guidance by counsel.

Most family law attorneys have had clients who lose employment, never filed a modification petition, and have thousands or tens of thousands of dollars in back support. These are hard cases because the trial court—even if your evidence of the date of job loss is clear—and you have been looking for a job, the trial court does not have the jurisdiction to modify child support retroactively if you do not file a Verified Petition for Modification of Child Support.

For some readers, it may be the case that the arrearage is already massive and there is no modification action pending. These are not necessarily hopeless cases if you have skilled counsel and properly try your case. While the court cannot retroactively modify support, your counsel can assist the court in properly determining the arrearage and your current support obligation. From there, the court can, with the right evidence, order X dollars per week paid toward the arrearage along with current child support. This keeps all of the past-due child support from being ordered to be paid at once.

How does this occur? Simply put, you need to put on evidence to show you are reasonably paying toward a determined arrearage amount and show what it costs to live. Thus, you can address an arrearage by the court using its discretion to order you to pay only a certain sum a week toward the arrearage. This will thus allow you to have a quality of life and still meet your obligations to your children. While these are only a few of the possibilities of how to address a child support arrearage, a skilled lawyer can help you properly navigate the loss of a job and/or a large child support arrearage.

This blog was written by counsel at Dixon & Moseley, P.C. who handle domestic cases throughout the State, including complex child support cases. This blog is written for general educational purposes only as child support is a complex subject with numerous statutes and/or cases that may apply to your case. It generally focuses on best practices in child support litigation. However, this blog should not be construed as legal advice or a solicitation for services. It is an advertisement.

  • Becker v. Becker, 902 N.E.2d 818 (2009).
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    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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