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.