COVID-19 has had a devastating impact on many people’s financial lives. For those of you with active child and spousal support orders, it is extremely important that you be mindful to modify those orders, whether you are paying or receiving support, if you have been personally affected by this crisis.
Support orders are modifiable if a new circumstance impacts one’s income, but you do not get relief from a support order or, if you are the recipient of support, you do not get an increase in support until you actually file the appropriate documents with the court to get a modification.
This is especially important for those of you paying support. You do not automatically get a reprieve from paying the current support amount if your income goes down, from a layoff, for example. The law requires you to proactively file paperwork for a modification. Although our courts have been closed, you can still file a motion to modify support. The filing date is key as a judge, once a hearing takes place, has the discretion to make a new support order retroactive to the filing date, but not to the date of unemployment or the date of reduced income.
So, if you have been impacted, it is imperative that you take immediate action.
Feel free to call or email me if you need help or have questions.