Family Law Blog
If things have changed, however—as some people have experienced since March, 2020—the support order may have to be modified.
So, if that fits your description, what’s involved? Are you a payor? Or are you a recipient?
If you are a payor:
If you’re on the paying end , your kids, your ex, and your landlord or mortgage lender are waiting for payments you can’t make because you may have lost your job or were furloughed because of the COVID-19 pandemic. Or your hours were cut back. The economy tightened. Millions of people are out of work.
On the receiving end :
You can’t pay your bills because you’re not receiving your support because of COVID-19. You may have lost your job also. You cannot pay the rent. Utilities, payments, and even food bills may be out of your reach.
For Either Party Seeking
Support Modification
Either party can request modification to the court orders for spousal support and/or
child support.
Situations for which one may ask for modifications are:
· Changes in income
· Loss of job
· Additional children
· Change in custody or time spent with minor children
· Retirement (at normal retirement age)
Situations for which you may NOT ask for modifications are:
· If one of the parents voluntarily quits their job
· If the payer simply doesn’t want to pay
As noted, either party may ask for a modification. But, before you file anything with the court, here are some thoughts to consider.
Some “C” Thoughts Before Heading to Court:
1. Communicate: Talk to your former spouse as soon as you know that there’s a problem. The pandemic dropped like a bomb, but the after effects keep everyone unstable. If both parties know living on less will be the future, preparing early is better.
2. Collaborate: See if you can work out an agreement with your spouse. It saves money on attorneys’ fees (and sets a good example for the children).
3. Cooperate: Make sure you disclose all relevant financial information with other party
4. (Be) Considerate: No one asked for these situations, pandemic or not. Life happens.
Two Warnings
1. Be smart about child support
If the parents and a Local Child Support Agency LCSA (in the event they are involved) can achieve agreement on a different level of child support, they can write it up and give it to the judge for signature to make it into a new order. However, if the parents cannot agree on the change, one of the parents, or the LCSA, needs to file a motion with the court to request the modification. (Another important aside. The LCSA is busy, short-staffed, and in a word, behind. They can take up to months to process your request. If that’s the case, don’t wait on them. See Warning #2.)
Note: If the judge does not sign the new court order, the existing child support amount and order will not be changed. Even if you are sure you have a verbal agreement with your ex for the altered child support amount, it must be put it in writing, and it must be signed by the judge. That is the correct (only) way that you can protect yourself and show that you have a current child support order reflecting the most recent amount.
2. DO NOT WAIT to request a change!
WHY? Because CHILD (AND SPOUSAL )SUPPORT CANNOT BE CHANGED RETROACTIVELY UNTIL YOU FILE YOUR REQUEST WITH THE COURT! If you lost your job three months ago or shortly after the beginning of the pandemic, say, but are just now filing papers in court to change your support order because you have a lower income or no income, the judge cannot predate the order to have it go back to the day you lost your job.
The judge can ONLY alter your support order from the date you filed your papers in court requesting that change. If you delay, it’s doubly difficult because not only will you be unemployed, but also you will owe the three months of support at the old amount plus the interest that is accruing on that past-due support!
Conclusion
There are many forms required for changing anything that was a court order and needs to be changed or modified. As an example, just for a child support modification, you’d need many of these forms: FL-150, FL-155, FL-300-INFO, FL-320, FL-335, FL-330, DV-570. Go to this section of the California courts website and see what each of these forms means and does. If your eyes are starting to swim, then, as they recommend on that page, have the court’s ‘family law facilitator’ review your paperwork.
Some forms used for child support modification are also used for spousal support modification. This web page has details and some of the same recommendations for representation and help. In either case, you can find an attorney to review the papers for the whole case or just in parts. For this parts-but-not-all approach, you can seek help with limited scope representation. Or hiring an attorney to handle sticky situations may be your only recourse.
These are challenging times. The need for support modification is a fallout of the pandemic. If we can say one thing you remember from all of this, it is the following:
Start early and be kind to each other .
Please Contact Us if You Need Help in This Regard
Call: 949-756-0685.
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround support modification in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
It was the best of times; it was the worst of times . . .”
The phrase famously opens “Charles Dickens’s A Tale of Two Cities and accurately describes the state of matrimony. Weddings are the best. Divorce is the worst. Everything in between is marriage.
These days, the wait to file and obtain a court hearing has lengthened. The courts’ waiting lines to push things through can make the testing lines for COVID-19 look short.
Divorce reeks of failure. The marriage did not work. And divorce is not only messy and hurtful. It’s expensive and requires digging through paperwork, as noted in our previous blog post. Once the paperwork is filed , a regular public divorce process will take at least six months from the date the person filing for divorce lets the other person know because of California law’s mandatory waiting period.
Patience is a virtue
Patience may be a virtue, but it’s usually in short supply when a couple has decided that divorce is the only answer. Waiting for the public court system can be excruciating these days. In the face of the most recent outbreaks, the 7/10/20 press release for the County of Los Angeles has mandated social distancing and wearing masks and is restricting the number of people in the courtrooms. It might be possible to leverage technology, but the number of people in the courts to process paperwork has been reduced. Waiting times for filings to be handled have stretched. In general, public court systems can be slow, clogged, messy, understaffed, and backlogged. Covid makes it worse.
The Family Law Private Judge Alternative
Instead of a public divorce, the family law private judge alternative might be worth considering.
| FAMILY LAW PRIVATE JUDGE ALTERNATIVE |
||
| CONSIDERATIONS |
PROS |
CONS |
| Speed |
The judge is not at the mercy of the docket of cases. Goes faster, and emotional “damage” is reduced. |
Cost! -- These judges can charge as much as your attorney. |
| Control |
You have more access to a private judge. |
You may not have access to the “broader” world view. |
| Privacy |
Especially high-profile, high- asset dissolutions might want this choice. |
Public cases may be “fairer” as more “eyes” are on the proceedings. Is publicity good for either party? Maybe. |
Checklist for working with a private judge:
· The private judge must have the same qualifications as a judge who would serve in a public court.
· All parties to the divorce, their attorneys, and the chosen private judge have signed a Stipulation for Appointment.
· The signed Stipulation for Appointment was sent to the presiding judge of the county in which the case is pending.
After the presiding judge has endorsed and signed the order, the private judge will have the same powers of the sitting Superior Court judge for that case only .
When will a private judge work best?
· If the parties can afford to hire a private judge
· If the matter is legally or factually complex, and will require several days of trial
· If a more private setting is necessary for protection from say, the media, the public, or other family members
Benefits to working with a private judge
Time-saving benefits come from having access to the judge and enjoying opportunities for quicker hearing dates. You can hire private judges that are experts in family law.
When the Final Judgment paperwork is filed with the court, the parties are divorced. Painless? Not at all. Just faster, like a quickly removed band-aid. It is a lot more expensive if the parties cannot agree, so working out some of the issues ahead of contracting with the private judge may save headaches and protect your finances.
Conclusion:
The family law private judge alternative can reduce waiting time, increase privacy, and enhance social distancing. Time is money. Privacy comes at a price. Properly vetted, a private judge well versed in family law can be worth every penny.
Please Contact Us if You Need Help in This Regard
Call: 949-756-0685.
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround the family law private judge arrangements in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
The California Appellate Courts continue to work during the COVID-19 Pandemic and provide insight on issues affecting family law.
THIS JUST IN:
When spouses use c/p to acquire property in joint tenancy on or after 1/1/75 the property is preemptively c/p under Fam. Code § 760 in a dispute between the couple and a bankruptcy trustee. Fam. Code §2581 is a stronger presumption than Fam. Code §760 and cannot be rebutted by tracing. Community property presumption explained.
These days, it’s hard to think of anything but the movie “La La Land” with Ryan Gosling and Emma Stone when someone uses that term, but the slang term “La La Land first appeared in the 1960s in this country to describe someone who was out of touch with reality. Around the 1970s and 80s, La La Land became a label for Los Angeles, playing on the abbreviation LA. The term insinuated that everyone in Los Angeles is as crazy as the Hollywood stars and starlets who make movies, wear bikinis, and are on a good day self-absorbed.
These days, almost everyone feels like they themselves are in
“La La Land”. Struggling in the midst of
the Covid-19 pandemic, to stay sane, to pay bills, and to stay married. But,
despite the best intentions and the most rigorous efforts, sometimes it’s too
late to save the marriage.
Two for the road
“Familiarity breeds contempt” as an adage is coming true with the Covid-19 quarantines. Too much togetherness has resulted in some family-law experts reporting a 50% rise in divorce inquiries; and others predicting a further surge in new filings as the year winds on. Those considering divorce must prepare for extra hurdles to jump as many segments of the family-law system have themselves had to shelter in place. California courts have been in a general shutdown, but day to day operations have varied somewhat depending on which of the 58 counties one resides in.
If divorce is the “La La Land” you’re living in, you may be in one of these two categories.
I. You had already filed.
II. You had not filed, but you are ready now.
Either way, the process may be slower, but the process associated with the dissolution of marriage can still be done while the legal system is on temporary hiatus.
I. If you had already filed or had started
Your Attorney
During the COVID-19 distancing ordinances, you will find that meeting with your attorney face-to-face will present problems. You can talk on the phone, do teleconferencing, “Zoom” meetings, mail documents, or digitize and DocuSign or the equivalent. It may be slower but it moves the proceedings forward. Depending on where you were in the process at the time of the shutdown, you may face the following.
Paperwork· Declarations – Statements under oath about you, your marriage, your children, used mostly to request the court take action to resolve disputes
· Financials – Disclosures about your investment holdings, real estate deeds, titles, tax returns, pay stubs, etc.
· E-Statements – Be prepared to use the internet to find reports you need. Most organizations are working remotely. Hard copies would be an exception.
Insider’s Tip: Open a separate email account from your spouse’s if you’re still living together. You may want to send some of the documents privately if the attorney recommends it. Password protect your new email account.
II. You had not filed, but you are ready now.
Interviewing prospective attorneys
In this case, you might try calling friends for
recommendations of two or three family law attorneys or firms that handle
family law issues. It’s a good idea to interview (virtual or phone) a few firms
to see if there is a good fit. Divorce is messy, and having an attorney you
respect and like is terribly important. Once you have decided on
representation, be sure to read over the retainer agreement carefully. All of this can be done by email.
The attorney will advise you of forms a he or she will need to prepare the petition to file with the court. If everything is in order, the court’s process server will serve the Petition on your spouse. While you are waiting for your spouse’s response, you can start gathering paperwork. All of this will take a lot more time than before. [ Note: In the case of certain child-related issues, there may be more urgency, which we have covered here.]
Finding Paperwork
Having time away from work may act in your favor. As above, the declarations, financials, and e-statements you need to collect will take time. It all has to be done. If you’ve been married a while or moved a lot, you will find that some documents have ‘disappeared.’ Mandatory disclosure means you cannot hide any relevant documentation. Keep looking.
The Courts
The courts will re-open but may have reduced hours, longer wait times, and higher caseloads. It’s hard to tell, as the Covid-19 response unfolds. Your attorney can help you find ways to keep your divorce proceedings moving forward. Meanwhile, for information about other potential impacts to the divorce process due to Covid-19 you may want to stop by this recent post.
Bottom line
If the marriage is indeed “over”, your stress is at a peak; your finances and the children are in disarray, then Covid-19 or not, it is best to keep moving forward with your plans. When the world exits from lockdown, the tidal wave of people waiting for court dates, meetings, and documentation may sweep away your chances for a timely start to a new life. Scary? Yes, but it might be the right thing to do, and it’s better to have it behind you.
Please Contact Us if You Need Help in This Regard
Call: 949-756-0685.
Email: dgold@tldlaw.com
Disclaimer
This information outlines a few of the concepts that surround child custody issues in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.
