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Lost Your Job? Here’s What You Need to Know About Child and Spousal Support in Texas

Lost Your Job? Here’s What You Need to Know About Child and Spousal Support in Texas

By Fuentez Law Firm | November 5, 2025

Losing your job is one of life’s most stressful events—bills pile up, uncertainty looms, and the last thing you need is the added pressure of child support or spousal support payments you can no longer afford. In Texas, falling behind on these obligations can lead to severe consequences: wage garnishment, license suspension, damaged credit, or even jail time for contempt of court.

But here’s the good news: Texas law allows for modifications when there’s a material and substantial change in circumstances—like unemployment. You don’t have to face this alone. At Fuentez Law, we’ve helped hundreds of clients in Houston and across Texas navigate job loss while protecting their rights and avoiding penalties.


Can You Modify Child or Spousal Support After Job Loss?

Yes—absolutely.

Under the Texas Family Code, you can request a modification if your income has decreased by at least 20% or $100 (whichever is less) and the change is expected to last. Unemployment—whether due to layoff, company closure, or industry downturn—qualifies as a “material and substantial change.”

But timing is critical. The court won’t automatically pause your payments just because you’re unemployed. You must file for relief before falling behind.

Warning: Waiting too long can create arrearages (past-due amounts) that accrue 6% annual interest. Even one missed payment can snowball into thousands in debt.


Step-by-Step: What to Do If You’ve Lost Your Job

1. File for Modification Immediately

Don’t wait for an enforcement letter from the Texas Attorney General. File a:

  • Petition to Modify Parent-Child Relationship (for child support)
  • Motion to Modify Spousal Maintenance (for alimony)

Include proof of job loss:

  • Termination letter
  • Severance agreement
  • Unemployment benefits approval
  • Job search logs (emails, applications)

2. Request Temporary Orders

Ask the court for temporary relief while your case is pending. This can:

  • Reduce payments immediately
  • Prevent new arrearages
  • Pause enforcement actions

3. Gather Strong Evidence

Courts want proof your situation has changed significantly and you’re acting in good faith. Bring:

  • Last 2 years of tax returns
  • Recent pay stubs (or proof of $0 income)
  • Unemployment filings
  • 10+ job applications showing active search

4. Attend the Hearing Prepared

Texas courts prioritize the child’s best interest, but they also recognize real financial hardship. An experienced attorney can:

  • Argue your case effectively
  • Present comparable income data
  • Negotiate with the other parent or OAG

5. Defend Against Enforcement

If you’re already behind, we can:

  • File a motion to stay enforcement
  • Argue inability to pay to avoid contempt
  • Set up a realistic repayment plan

Common Myths vs. Reality

Myth Reality
“The court will automatically stop payments if I’m unemployed.” ❌ You must file for modification.
“I can just pay what I can afford.” ❌ Partial payments still count as non-compliance.
“Unemployment benefits don’t count as income.” ✅ They do—but usually at a lower rate.
“I’ll go to jail for missing one payment.” ⚠️ Possible after repeated non-payment and contempt findings.

Don’t Let Job Loss Destroy Your Future

The Texas Office of the Attorney General (OAG) is aggressive about child support collection. They can:

  • Garnish future wages
  • Suspend your driver’s license
  • Seize tax refunds
  • Report to credit bureaus
  • File contempt charges (up to 180 days in jail per violation)

But you have rights. With the right legal strategy, you can:

  • Reduce payments to match your current income
  • Avoid jail with a strong defense
  • Protect your professional licenses
  • Rebuild financial stability

Why Choose Fuentez Law?

We’ve successfully modified support orders for:

  • Oil & gas workers after layoffs
  • Tech professionals during startup closures
  • Self-employed Texans with fluctuating income
  • Parents facing medical or family emergencies

No case is too complex. We offer:

  • Free initial consultations
  • Flexible payment plans
  • Aggressive court representation
  • Compassionate, judgment-free support

Take Action Today — Before It’s Too Late

If you’ve lost your job and can’t make support payments, one call can change everything.

📞 Call Fuentez Law now: (713) 397-2278 💻 Schedule online: fuentezlaw.com/consult 📍 Serving The Woodlands, Magnolia, and Spring Texas

Don’t let financial hardship become a legal nightmare. There is hope—and help—available.


Tags: #ChildSupport #SpousalSupport #JobLoss #TexasFamilyLaw #SupportModification #HoustonLawyer #FuentezLaw

Kerry Johnson

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