What Happens to Child Support If You Have No Income?

Losing a job or facing a long spell without work can rattle any parent’s budget, especially when child support is on the line. The bills keep coming, children still need shoes and lunches, and court orders do not pause themselves.

At Jackman Law Firm, we meet parents every week who wonder what the law expects when the paycheck disappears. This article explains how Washington courts approach child support for an unemployed parent, why acting quickly matters, and the steps you can take to protect both your child and your wallet.

Initial Child Support Order: What to Expect

Being out of work does not erase a parent’s duty to help pay for a child’s housing, food, and health care. Washington courts follow the Washington State Child Support Schedule, a chart that uses both parents’ gross monthly income, the number of children, and other expenses to set a baseline amount. If one parent reports zero wages, the court will not simply plug in “$0” and move on. Instead, it looks at the parent’s work history and earning capacity, a process explained in the next section.

Until a judge signs a new order, the existing payment stands. Every missed payment is added to the running balance, called arrears, and interest stacks on top. Those arrears do not vanish, even if the parent later finds work at a lower rate. Because of this, it is wise to address job loss head-on rather than wait until the debt snowballs.

This foundation leads right into the question most parents ask: how does the court decide what you should pay if your current income is zero? Let’s look at the tools Washington judges use.

How Washington Courts Calculate Support Without Income

The key idea is “imputed income.” If a parent is able to work but is not working, the court may pretend, or impute, that parent’s income based on facts it gathers. The rules for imputing income appear in RCW 26.19.071 and give judges several ways to approximate earnings.

Assessing Earning Potential

Judges start by asking what the parent could reasonably earn.

• Work history, including wages from the last two years.
• Educational background and any professional licenses.
• Job skills and vocational training.
• Current openings in the local labor market.

If solid records exist, the court may average prior wages. If not, it can use full-time pay at the current state minimum wage as a floor. The goal is to arrive at a realistic number, not to punish the parent.

Voluntary vs. Involuntary Unemployment

Washington distinguishes between parents who cannot work and those who will not work. A layoff during an industry downturn, a verified medical condition, or caring for a child under the age of twelve months can all weigh in favor of not imputing full income. On the other hand, quitting a job to avoid support, turning down reasonable offers, or choosing part-time hours without cause may trigger full imputation.

Consideration of Available Assets

Income is only one piece of the puzzle. Judges may also look at bank balances, investment accounts, vacation property, or other assets that could be liquidated. In extreme cases, a parent may be ordered to sell or borrow against an asset to meet support.

Minimum Support Obligations

Even when the court finds that a parent truly has no current earnings, Washington guidelines set a minimum basic support obligation. For one child, this floor is often around $50 per month. It is meant to ensure that both parents contribute something tangible toward daily necessities.

The imputation rules explain the numbers on paper, but life moves faster than court hearings. When a job disappears, parents need relief quickly, which brings us to modifications.

Modifying a Child Support Order Due to Job Loss

The safest strategy after losing employment is to file a petition to modify right away. Washington allows a review if a substantial change has occurred, such as involuntary job loss. Attach termination letters, unemployment benefit statements, and a log of job search efforts. Judges expect proof that you are actively looking for work or retraining.

Modification orders only apply prospectively. If you wait six months to file, the court cannot erase the arrears that built up during that stretch. Filing promptly freezes the effective date, limiting future debt. After the petition is served, keep paying what you can; partial payments show good faith and lower interest.

Once a new order is signed, stay in touch with the Division of Child Support about any further changes. Transparency helps prevent enforcement action, the topic of the next section.

Sources of Income Considered by Washington Courts

You might be between jobs, but money can still flow in from other places. Courts add the following to the calculation:

Because so many income types exist, keeping clear records is vital. Bank statements, award letters, and 1099 forms help the court see the full picture and prevent surprises later.

If support is ordered and still goes unpaid, Washington has several collection tools ready to deploy.

Enforcement Measures for Non-Payment

The Department of Social and Health Services can act quickly once arrears arise. Below is a snapshot of common enforcement steps:

1. Wage Garnishment. Up to 50% of future paychecks can be withheld the moment employment begins.
2. License Suspension. Driver, professional, hunting, and fishing licenses may be suspended until a payment plan is reached.
3. Contempt of Court. Judges may impose fines or short jail stays for willful refusal to pay.
4. Liens and Seizures. Real property and bank accounts can be tagged, and tax refunds intercepted, to cover past-due amounts.

These measures aim to secure money for the child, not to punish the parent, yet the fallout can still feel harsh. Acting early and cooperating with the agency often keeps matters from escalating.

Understanding rules is helpful, yet courtroom procedure and paperwork can feel like a maze. That is why many parents look for guidance from a family law team.

Why Legal Assistance Is Beneficial

Child support laws include worksheets, service deadlines, and evidence requirements that shift with updated statutes. A Seattle family law lawyer can gather payroll data, highlight medical barriers to work, and present a realistic earning analysis that the judge will respect.

Counsel can also create modification motions, defend against contempt claims, and negotiate payment plans that fit your budget. For parents receiving support, a lawyer can push to enforce orders, uncover hidden assets, and protect the child’s standard of living.

Most importantly, a lawyer offers steady advice during a stressful season, freeing you to focus on finding steady work and maintaining healthy ties with your kids. If you are uncertain where to begin, consider reaching out for a consultation.

Need Assistance with Child Support Matters in Seattle? Contact Us

Jackman Law Firm has spent years helping Seattle families sort through support orders, job loss, and overdue balances. Whether you need a modification, a defense against enforcement, or help collecting the support your child deserves, our team is ready to listen and act. Call us at 206-558-5555 or visit our Contact Us page to arrange a no-pressure consultation. Together, we can build a plan that keeps your child safe and your finances on track.