What will happen if the NFL Lockout continues? What happens to pending child support cases involving NFL players? What happens to the players who are paying thousands for child support but now have little or no income? Time will tell, but it is my guess that the longer it drags on, the more likely it will be that there will be child support reductions, significant reductions.
Awards based on earnings of several million dollars per year must now be adjusted to reflect earnings of a few thousand dollars per year. Is it worth it to a player to seek a reduction today? Maybe, but as the Lockout continues and the income remains at zero or close, players will have to reduce their expenses, including child support. Will the courts concur? Only time will tell, but the longer it goes, the longer players remain unemployed, the more likely it is that they will see their child support obligations reduced, in my opinion.
So the NFL Lockout may begin at midnight (see story by clicking here)? What does that mean for players who pay child support (and mothers who receive child support)? In the short term, it probably doesn’t mean much. But if the lockout lasts a while, there could be some real child support consequences. The first obvious consequence is that players may not have the cash flow to remain current on their child support obligations. Hopefully they choose correctly and pay child support before some of their other ongoing expenses (car payments, etc.). Not only should child support be at the top of the list, judges who have the power to incarcerate child support obligors may be much less sympathetic to the NFL player who was paid millions and did not save for this “rainy day”.
The next concern is litigation, two types. The first type of cases that will be brought may be the ones seeking to enforce court orders against those who have stopped or slowed their payments. The second is the actions to be filed by players to seek a reduction (temporary or permanent) of their support obligations. While courts may or may not be sympathetic, such lawsuits at least show the court that the player is not ignoring the obligation, but instead is trying to make it reflect his current financial situation. Of course lawsuits cost money so before a player files, he must feel that the work stoppage will not be short-lived.
The third, and best course of action, is for players and the women to whom they pay support, get together and reach agreements. In this way, there could be an agreed upon temporary reduction. If the player is ultimately reimbursed the full salary, then child support would be fully reimbursed. Or once the situation is resolved, there could be renewed discussions and possible agreements prior to running to court. Of course, if there is no season, players should have (and spend) more time with their children. This can also be agreed upon instead of litigated.
But the best suggestion is communication. Child support obligors and recipients should always communicate. Communication, good, effective communication is almost always the best first step to resolution. It’s what we encourage at KSS Family Law, and what we hope all attorneys, advisors and counselors do.