San Diego divorce lawyer, Elizabeth Brown, explains what happens to a child support order when the paying spouse becomes unemployed. The attorney discusses the importance of the unemployed spouse going to court and seeking a modification of child support as soon as possible, as it remains his or her obligation to pay the previous support order until a subsequent one is passed. It is noted that the modified order, however, is only temporary until employment is regained and a new support order is re-issued based on current earnings within what the court deems a reasonable amount of time necessary for re-employment.
For information on the legal consequences of failing to pay child support orders and on the options available for the collection of owed support, please see our video on Child Support Arrear Laws in California. For more information on divorcing with children, please see our Divorce with Children page.