Many guys across the United States are facing a severe economic strain due to the COVID-19 pandemic. Divorced fathers, in particular, are being hit hard as they try to figure out how they are going to make their child support payments.
Cordell & Cordell’s latest Virtual Town Hall reviewed strategies men can utilize during this time to modify child support or alimony.
File quickly
In the town hall, Cordell & Cordell’s divorce attorneys explained the vital importance of filing quickly as to set a retroactive date that will lead to relief.
“They really should be looking county to county,” Cordell & Cordell Mississippi Litigation Attorney Jerrod Rayborn said. “Initially, with the filings for support or divorce, there was a big slowdown, but that has started to speed up.
“Depending on what county you are in, some counties you can go directly into the clerk and file it, and it’s done that day. Other counties, you have to leave it in a Dropbox.”
Gathering important information
When seeking a modification, it is your responsibility to help your divorce attorney as much as possibly by gathering relevant financial records.
“Whenever you file a motion to modify, whether you’re modifying alimony or modifying child support, you’re going to want information on not only your own finances, but what your ex is going through during this pandemic,” Cordell & Cordell Oklahoma Litigation Attorney Carly Haiduk said. “Issuing, even if it’s just a few discover requests, can be beneficial.”
Although the discovery process might seem a little invasive, it is important for proving to the court why a modification is necessary.
“Discovery is just the process for getting information from the other side,” Ms. Haiduk said. “For example, in Oklahoma, when you file a motion to modify, you can ask 30 questions under oath. You can ask your ex if she’s earning any extra income at this time. Is she on furlough? Did she get some sort of severance package?
“Getting all of that information, so you can use it in negotiations and present it to the court in your motion to modify.”
Modifying spousal support
The attorneys also noted that the process for modifying spousal support can sometimes be a little more difficult than child support.
“Your first step is going to be taking a look at the language in your marriage settlement agreement, in order to see if it’s modifiable or not modifiable,” Cordell & Cordell New Jersey Senior Litigation Attorney Michael Prasad said. “Even if the language in your agreement indicates that it is nonmodifiable, it’s still a good idea to consult with an attorney.
“Alimony obligations are modifiable based on the showing of a change in circumstance, and judges operate very differently from jurisdiction to jurisdiction, and even from county to county. Some judges may look at that and say ‘Well, you have a contract you entered into,’ and some judges and courts may look at the circumstances and see that the change in circumstances was unforeseeable.”
More information
Cordell & Cordell is continuing to produce weekly Virtual Town Halls and daily podcasts to answer your questions about how the pandemic is impacting family law. You can find a full library of content on this topic on the Cordell & Cordell COVID-19 and Divorce Information Hub.
