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.