Support Payments in Times of Economic Hardship
Support payments can be a lifeline, especially during difficult economic times. To say the current economic conditions are unprecedented is now cliché. However, it doesn’t take away from the truth of the statement. Financial hardship is something tens of millions of Americans are facing right now. Whether you are the person paying support or the person receiving support, ability to pay spousal and/or child support is likely on your mind.
What if you can’t make support payments due to loss of income?
If your income has been reduced or eliminated, you may not be able to make your support payment. However, this does not impact your legal obligation to pay support. However, most courts are currently operating on a reduced basis and only hearing emergency matters. Most courts will not consider a support modification hearing as an emergency matter that will be heard while operations are limited. You should continue to pay all court ordered support until your obligations are legally modified by the court. In the meantime, gather documentation demonstrating your loss of income. Ensure you are applying for any form of government relief available to you. If you find yourself unable to make support payments despite your best efforts, you should contact a lawyer immediately so they can help you determine what can be done in your specific situation.
Once the courts are open, you can seek relief from the court by filing a motion to modify or terminate support. Spousal support and child support are treated differently when a modification is sought. To ensure your motion is legally sufficient and has the best change of being granted, you should have an attorney represent you.
What if you are not receiving your court ordered support payments?
If you are not receiving the court ordered support payments you are legally entitled to, it is likely not as simple as just filing a motion and setting a hearing. Most courts are not holding hearings unless they are emergencies. Unfortunately, overdue support is not considered by most courts to be an issue which needs to be addressed on an emergency basis. If you are not receiving your court ordered support, ensure you document all of your expenditures and gather any other documentation you believe may be relevant. Although the courts may not be available, this does not mean there is nothing you can do. You should contact a lawyer and determine if there is anything that can be done without a court order, such as mediation.
What you can do when the courts are not available.
Even when the courts finally do reopen to full service, there will be a severe backlog which may delay cases for many additional months. There are alternative methods to a court hearing which may assist you in obtaining the support you are owed before a court hearing is available. Family law is an area where direct negotiation and alternative dispute resolution are commonly used to address issues outside of the courtroom. While the courts may be unavailable to address your matter, an attorney can work to negotiate a resolution which may help address your issue – at least in the short term. For example, a temporary agreement may be reached between the parties which allow for a reduced support payment for an agreed period of time and an agreement for the payment of arrears. Utilizing the assistance of an attorney is imperative as they can determine how best to conduct negotiations and how to correctly and thoroughly capture any agreement.
If you are receiving support, and have lost your job, you may be able to seek an increase in the amount of child support you are receiving to maintain the best interests of the children. This too is something an attorney can assist you with negotiating a temporary increase in support before the courts reopen for hearings.
When the courts finally open, what if you lose?
Whether you are seeking modification of support or fighting to maintain the status quo, you may be able to appeal the court’s ruling if you lose at the hearing. In many states, there is a discretionary right to appeal court orders regarding support. A knowledgeable appellate lawyer can help you navigate the complicated waters of an appeal.
If you or a family member are facing these issues, please contact (833) 322-0188. We can help facilitate resolutions as well as prepare all necessary pleadings to protect your legal rights.