Does Child Support Come Out of Unemployment in Florida?

Does Child Support Come Out of Unemployment in Florida?

Posted By R. Gregory Colvin LLC || 23-Dec-2019

Just about everyone loses a job at some point in time. For some people, it happens more than once in their lifetime and that’s fairly “normal.” When you lose your job, it can be scary, especially if you have children to support. If you become unemployed, it can definitely affect your ability to keep up with your child support payments.

If you’re a noncustodial parent who is ordered to pay child support, it’s important for you to understand that child support orders remain in effect, regardless if the parent is injured in an accident, becomes seriously ill, or loses their job. Parents even have to pay child support if they are incarcerated.

Essentially, parents are legally obligated to financially support their children and the only thing that changes this is the termination of parental rights. Know that if you lose your job, you are still obligated to pay child support, even if you’re unemployed for an extended period of time.

What if I Receive Unemployment Benefits?

As we mentioned above, you are still obligated to pay child support if you’re out of work. If you miss a payment or several, you’ll still have to pay it eventually, and you may have to pay interest. Child support arrears cannot be discharged in bankruptcy and if the court finds you in contempt for willfully disobeying a child support order, you can face fines and jail time, though that is usually the court’s last resort.

If you lose your job, you should immediately find out if you’re eligible for unemployment benefits. If you are eligible, our advice is to notify the unemployment office about your child support obligation. If you don’t bring it up, the local child support office will find out that you’re receiving unemployment benefits eventually. “Can child support be taken from unemployment benefits?” The answer is, “Yes, absolutely.” Regardless of how the local child support office learns of your unemployment benefits, it will start deducting them from your unemployment wages.

Note: Child support can also be deducted from workers’ compensation benefits and Social Security Disability (SSDI) benefits, however, Supplemental Security Income (SSI) benefits are untouchable.

If you become unemployed and you can’t afford your current child support obligation, contact our office right away to discuss petitioning the court for a downward modification, which reflects your current financial circumstances.

Next: Do I Have to Pay Child Support if I Lose My Job?

Categories: Child Support

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