Proving Job Loss or Reduced Hours
If your income drops, courts need proof—not just explanations. Solid documentation turns a difficult moment into an orderly modification and prevents arrears from spiraling.
Collect primary documents. For layoffs or terminations: separation letters, unemployment claims, COBRA notices, and final paystubs showing last day worked. For reduced hours: new schedules, employer memos, and consecutive paystubs showing lower gross pay. If you’re seasonal or union, bring call sheets or off‑season calendars.
Show your job search. Courts want to see effort. Keep a log with dates, employers, positions, and outcomes; save application confirmations and recruiter emails. Update your resume and enroll with job‑placement services. For specialized trades, document certification renewals or required training.
Explain industry realities. If your field shrank (closures, strikes, regulatory changes), gather news articles or industry reports and pair them with your personal proof. Judges don’t guess at labor markets; concise exhibits help them see that your drop isn’t voluntary.
Health‑related limits. If illness or injury restricts work, provide medical documentation: restrictions, expected duration, and treatment plan. Vague notes (“may not work”) are weak; specific functional limits (“no lifting over 10 lbs for six weeks”) carry weight. Ask your provider for a letter that addresses work capacity directly.
Avoid voluntary underemployment signals. Quitting without a plan, cutting hours to pursue a hobby, or refusing comparable job offers can lead to imputed income. If you declined an offer, document the reason (commute exceeds parenting schedule, pay below prior range, unsafe conditions). Reasonableness matters.
Temporary vs. long‑term. If the setback is short, ask for a temporary reduction with a review date and a structured arrears plan. If it’s long‑term, propose a realistic base amount plus a percentage of variable income as you rebuild. Bring a budget to demonstrate what you can pay now without defaulting.
Keep paying something. While you gather documents and file, make partial payments through the SDU to show good faith. Courts notice who keeps the money moving. If you receive unemployment, many states can withhold support directly—ask the agency to set that up.
Implementation matters. After a modification issues, notify payroll, the SDU, and your caseworker. If you start a new job, provide employer details within three days so the IWO moves quickly. Bridge with portal payments until withholding starts to avoid a new arrears spike.
Bottom line. Proof wins the day. Build a paper trail that shows loss, effort, and a path back to stability, and the court is far more likely to adjust support fairly.
Worked example. A server’s hours drop from 40 to 20 per week. They file to modify with three weeks of schedules and paystubs showing lower base pay, plus a log of job applications to full‑time roles. The court grants a temporary reduction for 90 days with a review set after the busy season, and orders percentage‑based payments on any overtime. Because partial payments continued through the SDU, no contempt is filed and credit remains intact.
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Our Bexar County law firm offers legal services for personal injury and child support collection cases. For more information on any of our legal services, call us toll-free at (866) 993-CHILD (2445) or (210) 732-6000.
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