Having just returned from a meeting with a deputy district attorney, I am reminded once again of how extremely important it is to take action when income fluctuates and a court order is in place on child support. Usually an injury significantly impacts a person’s income, at least for some period of time. If it is more than a few weeks, that impact can be devastating. Unless formally modified to reflect the new income, child support orders continue to accrue even if the payor’s income has been severely reduced.
In a recent case, the father had a severe injury and was off work and under medical care for more than two years. Unfortunately a support order had been entered in a default judgment for $899 a month. Even though his income dropped to $1,200 a month, he did not go into court to have the order modified. He now owes $899 a month in child support arrearages for two years,plus interest at 10 percent, plus current support. He is so far in the financial hole, he may never recover and bankruptcy is not a option when child support is involved.
Great Quotes . . .
"Associate yourself with men of good quality if you esteem your own reputation, for 'tis better to be alone than in bad company."
George Washington
His present income is significantly lower that his pre-injury income, following a return to work in a new career after the injury. He still has to modify the order to reduce the current support ordered.
The district attorney can attach his wages, through the Franchise Tax Board, a program can automatically kick in to take up to 50 percent of his net wage to apply to this arrearage, and his driver’s license can be suspended by the DMV. If he had any other license, for example a contractor’s license, or even a license to practice law or medicine, his right to practice and function under that license can be suspended.
Even though going back to court is a bother, and possibly involves some expense, the alternative is usually much worse, unless you have good reason to believe you will be out only a few weeks and can promptly make up the payments that you miss.
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