COVID-19 is having a profound impact on our lives, especially on a financial level. Unless your job allows you to work remotely or you are an essential worker, you are likely experiencing some trouble keeping up with bills, including child support or spousal support obligations. Unfortunately, regardless of your financial circumstances, you must comply with your court order unless you can obtain a modification or termination.
If you cannot fulfill your support obligations, the first thing you should do is ask your former spouse about lowering your payments for the time being. If you can reach an agreement and have it approved by the court, this is the quickest way to reduce your burdens. However, if you do not have an amicable enough relationship with your former spouse to work out an agreement, you must petition the court for a modification. Otherwise, you will still be responsible for any missed payments. Even though it is unlikely your case will be heard immediately, if a modification is granted, it will be effective starting on the date you filed your petition rather than on the date it was granted.
Petitioning the Court for a Modification
Obtaining a modification under these circumstances may be easier than usual since COVID-19’s impact is so widespread. However, you will still need to provide adequate proof that you can no longer fulfill your support obligation before a judge grants your request. If you lost your job or your hours were cut, substantially affecting your income, these would both suffice as valid reasons for a modification.
The court may also ask if you actively sought alternative means of income and, though many employers are not hiring, it is important to show the court that you are doing everything you can to continue making your support payments. Additionally, since your struggles may likely be temporary, the modification to your support payments may be temporary as well.
Reach Out to Our Family Law Team for the Legal Guidance You Need!
If you cannot fulfill your support obligations due to the COVID-19 pandemic, you must not hesitate to request a modification to reduce your financial burdens. At Mitchell & West LLC, our family law team will provide the legal support and representation you need to obtain a spousal support or child support modification during this difficult time. Many of us are financially struggling due to this crisis and you can rely on our attorneys to get you through it. With more than 100 years of combined legal experience, you can feel confident in our team’s ability to help you.
Reach out to our law office today at (305) 783-3301 to request an initial consultation with a knowledgeable member of our legal team.