The Current State of Family Law

The COVID-19 pandemic has had a significant impact on families, including separated or divorced families. The shockwave has spread to many areas of family law. For the time being, court orders set out in most jurisdictions are not affected by any special parameters being enforced as a result of Covid-19. This includes general stay-at-home orders and restrictions on travel. Regardless of any life circumstances, court orders regarding custody and visitation seem to be staying in place, overriding any concerns regarding the pandemic. For many, this status quo may be seen as a blessing. But, in other co-parenting relationships, this fact might prove to be somewhat of a burden. Here’s an overview of how this time is affecting issues like child support and visitation schedules.

Child Support Orders

Due to the pandemic, child support orders are being reviewed more frequently. As such, if there have been changes to your income and you already have an existing child support order, you can seek to have it modified. Depending on your situation, you can ask the court to increase or reduce the amount issued in the order. However, you will have to provide proof for your request. If you’re asking for a reduction or an increase in support, you need to demonstrate a material change in circumstances. 

How Can I Modify My Support Order?

The easiest way to modify support orders in these trying times may be to make an agreement with your co-parent. Ideally, a co-parent will understand if the other is temporarily unable to pay child support. In this case, the two parents can put their agreement down in writing and submit their revised arrangement to the court. 

Without an agreement with the other parent, you’ll need to file a motion to have your current support order modified. 

The first step is to assess the situation thoroughly. Find a law firm that is experienced and skilled enough to guide you through the process. Under family law, you’re obligated to provide for your child, so the current support order will stay in effect until any changes are implemented. Remember, missing payments can result in penalization and fines. 

Courts also consider other factors. These include how much your employment industry has been affected, and your ability to find a new job. They may also consider how your co-parent has been affected by the pandemic as well. The court makes decisions based on the child’s best interests, so any request you make can either be approved or denied. Unfortunately, the fact that Covid-19 has affected the time it takes for the courts to get things done is simply another hurdle. 

Custody and Visitation

Child custody and visitation may also be affected during the pandemic. These changes must be handled carefully. Otherwise, there could be serious repercussions. If you fear that your co-parent may be at a higher risk of contracting the disease, you can ask for an order to reduce his or her contact with your child during the pandemic. However, it’s important to note that most courts will not deny a parent contact with their child even in the wake of the pandemic. Your best option may be to communicate with your co-parent about any pandemic-related health concerns you may have. 

One option is to arrange for alternative communication measures, like video calling, until the risk is reduced. If your co-parent is uncooperative, you can seek help from a good family law attorney. He or she can ask the court to temporarily suspend visitation or custody. In order for this to be successful, you’ll have to prove that your child is at a very high risk of being infected, which is difficult to do.

Visitation and Support Orders

The current state of family law differs from state to state. Some states maintain that custody rules should be followed strictly, regardless of the shelter-in-place order. In other states, family law courts have stipulated that the primary custodian should take the child until the shelter-in-pace order is lifted. Many courts had closed to help reduce the spread of the virus but they have now reopened for in-person or virtual court appearances, depending on the county. This has also affected family law proceedings.

Family Law Lawyer Near Me

Overall, your best option may be to work with a lawyer who can file emergency requests on your behalf. At Whipple, Mercado & Associates, we are here to help you in any way we can. Contact us with your questions at (925) 344-5050. We will do our best to guide you and your family during this difficult time.

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization