When it comes to divorce proceedings, there is often a misconception that only women are eligible to receive alimony or spousal support. However, this is not the case. In recent years, as gender roles continue to evolve and change in our society, more men have started seeking alimony after getting divorced.

Understanding Alimony

When addressing issues related to alimony, it is essential to first understand the purpose of this form of support. Financial support paid by one spouse to the other following a divorce or separation is meant to alleviate any economic disparities between spouses caused by the end of their marriage.

In most cases, alimony payments are made by the higher-earning spouse to the lower-earning spouse so that both parties can maintain similar standards of living post-divorce. This is meant to ensure fairness and provide the financially dependent spouse with enough time and support to become self-sufficient.

During a divorce, child support is one of the most critical issues that will need to be resolved. Ongoing support payments will help secure children’s well-being and financial stability after parents are no longer together. However, as circumstances can change over time, it may become necessary for dads to modify their child support obligations. By understanding what steps to take to request these modifications, fathers can protect their financial interests while ensuring their children’s needs will be met.

Filing a Child Support Modification Request

If a dad wants to modify his child support payments after getting divorced, he will typically need to file a request with the family court where the divorce was originally completed. The requirements that will need to be met can vary depending on state law, but in most cases, there must have been a significant change in circumstances since the initial determination of child support or since the last time child support orders were modified.

A significant change in circumstances may include:

One of the most common misconceptions about divorce or paternity cases is that, no matter the circumstances, it is always the father who ends up paying the mother child support. However, things are often more complicated than this, and in many states, the laws have been recently updated to give dads a greater chance of involvement in their child’s life. These laws also balance the support obligations between both parents and make it more likely that a father will be able to play at least an equal role as the mother in every aspect of the child’s life. 

In fact, more dads than ever now are what are called “custodial fathers.” This may sound like an impersonal technical term, but a custodial father is a man who has the primary responsibility of raising his children - sometimes even without the help of the mother. Custodial fathers are actually highly likely to receive child support from their child’s other parent, especially if they have custody of the child more than half of the time. 

How Do States Handle Child Support in 2022? 

While it would certainly be convenient if each state had the same child support laws as the others, child support laws and calculation formulas can vary greatly between states. However, there is no state that mandates that a child’s biological or adoptive father must be the parent who pays child support. Instead, states hold both parents responsible for financially supporting a child, and will consider the incomes of both parents when determining a family’s overall financial obligation to its children. 

Over the last two years, we have witnessed some of the most unusual circumstances that any of us ever thought possible. At this point, it is fairly safe to say that the COVID-19 health crisis has changed how we no go about our everyday lives. Of course, the pandemic has affected people in many different ways. Some got very sick. Some left their jobs to facilitate at-home learning for their children. And, some lost their jobs due to an evolving labor market. For some people, the loss of their job created opportunities to find something new, but for others, replacing that income has not been easy—but for fathers who are subject to child support obligations, a substantial loss of income can create serious challenges in meeting those obligations.

If you are a support-paying dad and you are having trouble making your full child support payments each month, you are likely wondering if there is anything that can be done to help you. The good news is that you may have some options, but they will not find you on their own. You will need to be proactive before you find yourself in serious trouble.

Notify the Court

Presuming you have not done so already, your first step should be to notify the court that issued your child support order of your current situation. Depending on the state and county, you may be able to notify the court through a dedicated domestic relations or child support enforcement office. You should be as forthcoming as possible about the reality of the situation. Let the court know when and why your income changed, what you can reasonably expect to pay, and what you are doing to address the situation.

The coronavirus pandemic has affected nearly everyone in the United States, and in addition to concerns about how an infection can impact your health and well-being, you may also be experiencing financial difficulties. Stay-at-home and shelter-in-place orders have forced many businesses to close, and many people have lost their jobs or seen reductions in the income they earn. In fact, unemployment rates have risen to levels that have not been seen in the U.S. since the Great Depression. If you have lost your job or experienced a reduction in income, you will likely be concerned about how this will affect your child support obligations.

Requirements to Pay Court-Ordered Child Support

If you have been ordered to pay child support following your divorce or after separating from your child’s other parent, these orders will remain in effect, regardless of your employment status. This means that even if you lose your job, you will still be required to pay child support owed, and if you miss any payments, you will be required to make them up in the future, and you may also owe interest on late payments.

However, even though you will still have the obligation to provide financial support for your children, family courts will most likely recognize that changes in the income you earn have affected your ability to pay. You may be able to pursue a modification of your child support order based on your new circumstances. Any changes to child support may take other forms of income into account, including unemployment benefits you earn, government stimulus payments, or other assets you own that could be used to meet your children’s needs. If your ex-spouse has also experienced a job loss or employment issues, the child support modifications may also take these factors into account.