COVID-19: Key Considerations in Divorce and Related Support Obligations
| Author | Gia M. Conti |
| Pages | 36-37 |
36 FAMILY ADVOCATE www.shopaba.org
Times of crisis often correlate with economic
uncertainty, giving way to particular consider-
ations when contemplating divorce and/or
support modications to child or spousal
support. Below is an overview of key considerations when
facing divorce and support modication.
Change in Circumstances? Consult with a Family
Law Attorney Immediately
In the ongoing pandemic, you may nd yourself going
through signicant life changes that ultimately impact your
ability to pay spousal or child support. ese changes could
be a result of pay cuts, unemployment, injury or illness, or
changes in child-related needs or any number of other
circumstances. us, you may need to consider seeking
modication to your existing support obligations.
Time Is of the Essence
If you are even considering whether you need a modication
of support, you should meet with a family law attorney right
away. In some jurisdictions, modications to support may
take eect on the date of the ling of your court document(s)
seeking modication—thus, it is important not to wait.
Additionally, your existing settlement agreement or judgment
may have explicit deadlines for ling motions related to
continuation of spousal support, and failure to meet these
deadlines could serve as a bar to the relief you are seeking.
In times of crisis, where courts are shut down or running at
a signicantly limited capacity, it is important to meet with an
attorney that specializes in family law and is familiar with your
jurisdiction. Many jurisdictions have moved towards electroni-
cal ling (e-ling) processes for ling court documents.
However, in times of emergency, procedures for e-ling may
vary greatly or may even be suspended entirely. A specialized
family law attorney will be up to date on any changes to the
local rules, procedures, and orders in your jurisdiction.
If your jurisdiction is not allowing e-ling because there is
a state of emergency and/or the courts are closed, your
attorney will likely be able to present alterative options to le
and serve your documents on the opposing party. Providing
your attorney with up-to-date contact information for the
opposing party can help expedite the ling and service of
your request for support modication.
Future Actions Can Prejudice Your Case
After a signicant life change, instinct often tells us to put
one foot in front of the other and take the necessary next
steps. However, the next steps you take can severely prejudice
COVID-19: Key Considerations in Divorce and
Related Support Obligations
By GIA M. CONTI
or bolster your case for support modication. For example, if
you have lost your job, you might be seeking unemployment
and might be completing requisite forms. While you must
ll out these forms truthfully, the timing and completion of
unemployment forms may have implications on your case
later. Another consideration is whether you are eligible for
any hardship relief oered in the CARES Act (the Act). For
example, are you planning to loan money against retirement
or take out a Paycheck Protection Program loan for your
business? If you are considering taking advantage of any of
the relief aorded in the Act, you should also consider
whether, for example, your business or retirement account(s)
are marital assets or nonmarital assets, and how the relief
requested may impact your case. Clients should meet with
their attorneys and determine how, it at all, any hardship
relief may impact the division of their assets in divorce and or
determining support obligations. Your actions, while
seemingly innocuous or well-intended, can signicantly
impact your modication claim and/or divorce case, and
should be discussed with your attorney and tax professional
(among other trusted advisors) before any actions are taken.
Gather Your Documents
Court Documents
Locate and review with your attorney any existing court
documents such as your existing judgment, court orders, and
settlement agreements. Often, settlement agreements and
judgments are intimidatingly lengthy and do not exactly
dredge up warm and fuzzy memories. Reviewing your
divorce decree during an already-dicult time in your life
may be understandably dicult and depressing. Avoid the
temptation to bury your head in the sand. A well-drafted
marital settlement agreement or parenting agreement may
provide a procedure or road map for your next steps.
Furthermore, a skilled family law attorney will be able to
break down and explain your settlement agreement as it
relates to the issues at hand. For example, your settlement
agreement may require an annual exchange of tax returns and
provide a true-up on your income each year, or it may
require you to submit to mediation before commencing any
litigation with a predetermined mediator.
Supporting Documents
Gather and organize documents that support the relief you
are requesting. Perhaps you lost your job or had your pay cut
and are seeking a downward deviation in child or spousal
support. Gather your supporting documents, such as your
termination letter, paystubs, most recent tax returns, sever-
Published in Family Advocate, Volume 43, Number 1, Summer 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
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