The shift in our national and local communities in response to COVID-19 has impacted everyone personally and professionally in a manner unthought-of just a few months ago. The issuance of Executive Order 55, also referred to as the temporary “stay-at-home” order, banning gatherings and closing a majority of non-essential businesses, has resulted in many of us facing significant financial difficulties. Whether you or your spouse has suffered a decrease in pay, a reduction in hours, lost a job entirely, the financial impact has been, and will continue to be, substantial.
While adjusting to the economic downturn so many are facing, you may be wondering how this could affect any spousal and/or child support you are paying or receiving. Support obligations currently in place, whether by Order of a court, or by an Agreement between the parties, remain in effect until changed by a court, or by further agreement of the parties. Thus, if you are the party with an obligation, i.e., the one making payments, you must continue to do so, as ordered, to the extent you are able. If your support obligation is by Order of a court, failure to abide by the Order can subject you to punishment, including a fine or even imprisonment in egregious circumstances. However, in order for a court to order a punishment for failure to make court ordered support payments, the court must first find that the failure to pay was due to a party’s unwillingness, rather their inability, to pay. As a result, it is likely that an inability to pay, based on the current circumstances, and the financial ramifications associated therewith, would not result in punishment.
Every family’s situation is unique, and will need to be addressed on an individual basis. If you have concerns about your current obligation and potential inability to fully meet that obligation, or you are the party receiving support payments, and are concerned about the effect these circumstances may have on the payments you receive, we strongly advise you call us so that you have the legal expertise necessary to navigate these new challenges. We would be glad to assist you during this difficult time. Our office is available for telephone and video-conferences every weekday, Monday through Friday, 9:00 a.m. to 5:00 p.m. Please use the link on our website to “Schedule an Appointment” at your convenience, or just give us a call at 757-962-0530. We look forward to speaking with you!
As this health crisis continues to impact all of us, it is imperative to communicate with one another about the difficulties you are facing. Parties are free to come to an agreement between themselves adjusting support obligations during this difficult time. Any such agreement should be drafted by an attorney to ensure it is enforceable. Alternatively, if parties are unable to reach an agreement, a hearing on the issue may be necessary. Keller Law Group is ready and able to assist with the drafting of any agreements, as well as the filing of any necessary motions in order to ensure the needs of your particular situation are appropriately addressed. Call us at 757-962-0530 to discuss your matter.