Support Modifications During COVID-19

If things have changed, however—as some people have experienced since March, 2020—the support order may have to be modified.

So, if that fits your description, what’s involved? Are you a payor? Or are you a recipient?

If you are a payor:

If you’re on the paying end, your kids, your ex, and your landlord or mortgage lender are waiting for payments you can’t make because you may have lost your job or were furloughed because of the COVID-19 pandemic. Or your hours were cut back. The economy tightened. Millions of people are out of work.

On the receiving end:

You can’t pay your bills because you’re not receiving your support because of COVID-19. You may have lost your job also. You cannot pay the rent. Utilities, payments, and even food bills may be out of your reach.  

For Either Party Seeking Support Modification
Either party can request modification to the court orders for spousal support and/or child support.

Situations for which one may ask for modifications are:

·        Changes in income

·        Loss of job

·        Additional children

·        Change in custody or time spent with minor children

·        Retirement (at normal retirement age)

Situations for which you may NOT ask for modifications are:

·        If one of the parents voluntarily quits their job

·        If the payer simply doesn’t want to pay

As noted, either party may ask for a modification. But, before you file anything with the court, here are some thoughts to consider.

Some “C” Thoughts Before Heading to Court:

1.     Communicate: Talk to your former spouse as soon as you know that there’s a problem. The pandemic dropped like a bomb, but the after effects keep everyone unstable. If both parties know living on less will be the future, preparing early is better.

2.     Collaborate: See if you can work out an agreement with your spouse. It saves money on attorneys’ fees (and sets a good example for the children).

3.     Cooperate: Make sure you disclose all relevant financial information with other party

4.     (Be) Considerate: No one asked for these situations, pandemic or not. Life happens.

Two Warnings

1.     Be smart about child support

If the parents and a Local Child Support Agency LCSA (in the event they are involved) can achieve agreement on a different level of child support, they can write it up and give it to the judge for signature to make it into a new order. However, if the parents cannot agree on the change, one of the parents, or the LCSA, needs to file a motion with the court to request the modification. (Another important aside. The LCSA is busy, short-staffed, and in a word, behind. They can take up to months to process your request. If that’s the case, don’t wait on them. See Warning #2.)

Note: If the judge does not sign the new court order, the existing child support amount and order will not be changed. Even if you are sure you have a verbal agreement with your ex for the altered child support amount, it must be put it in writing, and it must be signed by the judge. That is the correct (only) way that you can protect yourself and show that you have a current child support order reflecting the most recent amount.

2.     DO NOT WAIT to request a change!

WHY? Because CHILD  (AND SPOUSAL )SUPPORT CANNOT BE CHANGED RETROACTIVELY UNTIL YOU FILE YOUR REQUEST WITH THE COURT! If you lost your job three months ago or shortly after the beginning of the pandemic, say, but are just now filing papers in court to change your support order because you have a lower income or no income, the judge cannot predate the order to have it go back to the day you lost your job.

The judge can ONLY alter your support order from the date you filed your papers in court requesting that change. If you delay, it’s doubly difficult because not only will you be unemployed, but also you will owe the three months of support at the old amount plus the interest that is accruing on that past-due support!

Conclusion

There are many forms required for changing anything that was a court order and needs to be changed or modified.  As an example, just for a child support modification, you’d need many of these forms: FL-150, FL-155, FL-300-INFO, FL-320, FL-335, FL-330, DV-570. Go to this section of the California courts website and see what each of these forms means and does. If your eyes are starting to swim, then, as they recommend on that page, have the court’s ‘family law facilitator’ review your paperwork.

Some forms used for child support modification are also used for spousal support modification. This web page has details and some of the same recommendations for representation and help. In either case, you can find an attorney to review the papers for the whole case or just in parts. For this parts-but-not-all approach, you can seek help with limited scope representation. Or hiring an attorney to handle sticky situations may be your only recourse.

These are challenging times. The need for support modification is a fallout of the pandemic. If we can say one thing you remember from all of this, it is the following:

Start early and be kind to each other.

Please Contact Us if You Need Help in This Regard

Call: 949-756-0685.

Email: dgold@tldlaw.com

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