Re: Unable to get Auto loan due to child support arrears.
06-29-2009 08:53 AM
I wasn't completely clear in my original answer. Bear in mind each state has different laws. There are two different governement agencies involved here.
The one that seems to be causing the lates is Texas OAG. They are enforcing the payment. It does make sense that they wouldn't care that you lost your job just as a mortgage company wants their payment even if you lost your job.
The other agency is the one that made the order to pay, which is a court. If it is the original order, it came as part of a divorce or other legal action. Each parent's income, expenses, custody was determined and a payment was calculated. Those are always (I think) able to be modified as those factors change. You and the other parent can agree to change it or go back and have the court make a new order. Even if attorneys were involved in a divorce, it frequently makes sense to skip that for a modification as the issues are normally much simpler. EG: My income was X dollars, now it is Y. Or: I had the kids X percent, now I have them Y.
The problem I see here is that when you lose your job, you expect to get another one soon. Running back to court immediately makes it look like you don't expect to get another job soon. That could be taken as you aren't trying although you could just be in an area where there aren't any jobs available. It would be FAR better to get another job instantly. That could be a job that pays minimum wage or far less than your previous job. Get the best job available, but get it NOW. There is nothing that says you can't be looking for a better job.
This just makes it more obvious that we all need a savings account to tide us through a tough period when something changes like losing a job.
This is not completely accurate. If the wife (ex) and kids are on any type of public assistance for housing, food, medical or other, then the Texas OAG will enforce a child support similar to insurance subrogation. Texas WILL jail you regardless of your ability to pay. Your child support will possibly be based upon your income, but there is also a "minimum" per child and age.
So, even if ex wife and husband had an agreement for less or to waive, this is moot if the ex wife and kids have filed for ANY public assistance, subsidy or other government help. The state will subrogate their costs through the husbands child support obligations.