In Maryland, child support obligations are legally binding. As part of your final Divorce Decree Order, the divorce court set out how much must be paid each month. Those are legally binding obligations, and failure to pay can lead to severe punishment, including being placed in jail.

That being said, circumstances DO come up where it becomes impossible to pay your child support obligations. When that happens, there are several important steps.

First, be in good communication with your ex-spouse. Let them know what is happening, such as a loss of employment, disability, excessive debt, bankruptcy, or whatever the problem is.

Second, act quickly. In other words, tell your ex-spouse and the Maryland divorce court very soon after an important negative financial event has occurred. Yes, it may be embarrassing. Maybe your ex-spouse will yell or gloat. Do it anyway. This is a step that many ignore, thinking that the problem will “get fixed soon” or that they will be able to “muddle through.” However, with large financial problems, waiting passively often causes the problems to get worse and worse. It becomes even harder to admit the problems.

Finally, immediately request modification of your child support obligations from the divorce court. This must be done quickly because, until the court modifies its Order, every month puts you into a deeper hole with respect to child support arrearages. The process starts with filing a written request for the modification along with the reasons. It takes time for the court to make decisions, which is another reason for filing the request as quickly as possible. Once you are before the court on a request for modification, possible arrearages are also before the court for resolution.

Consider the court and your ex-spouse as allies in the process

When going through financial adversity, one should think of the court and your ex-spouse as allies. Everyone wants a solution that involves a new job or financial opportunities that will help both parents continue the upbringing of the child or children involved. The divorce court has many options, including a temporary reduction in child support obligations during the job search. Ultimately, the court may be required to reassess the current levels of parental income and re-distribute the child support payment obligations between the parents. However, as noted, the court process is slow and time-consuming.

An Order of Modification can be a tool for financial restructuring

Another reason for acting quickly — and without embarrassment — is that an order modifying child support obligations can be a helpful tool in financial and asset restructuring. Note that child support arrearages cannot be discharged in bankruptcy. However, depending on the circumstances, a court-ordered transfer of assets – in lieu of monthly child support — could put those assets beyond the reach of creditors if done correctly.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.