Legislators like to use terminology that confuses those of us living in the real world, but simply put:
- The obligor is the parent that is required to pay the child support to the other parent, and
- The obligee (obliged) is the parent who receives the payment from the other parent.
As a general rule, once a child support amount has accrued, the obligor is required to pay that amount, regardless of circumstances. For example, if the obligor is required to pay $500 each month, he or she will owe $1,500 if they do not seek modification and fail to make payments for three months. Even if the obligor loses their job, the $1,500 remains due and cannot be discharged in bankruptcy like other civil judgments. Clearly, falling behind on your child support payments can quickly lead to an even bigger hole.
Where Courts Allow Child Support Obligation Flexibility
If the obligor experiences a change in financial status, either party (the obligor or the obligee) can petition the court to change the amount of the monthly child support obligation. Many parents are frustrated by the term "final orders," because they never seem to be final. This is true: each time an obligor gets a significant pay raise, they can be taken back to court by the obligee and ordered to pay a new child support amount based on their new income level. Similarly, if an obligor is laid off or experiences a salary cut, they too can petition the court for a reduction in their child support obligation, leaving the obligee with a lower payment each month.
An obligee can file a motion to enforce a child support obligation. Additionally, in some states, a child who has turned eighteen years of age may sue to recoup back child support from a delinquent parent. The bottom line is that, once ordered, you will be required to pay the support obligation even if your ex-spouse doesn't push that hard for enforcement. Staying on top of your child support obligation can prevent unwelcome surprises down the road.