State and Federal shelter-in-place orders due to COVID-19 have resulted in unprecedented interruptions to the economy.
Many people have lost part or all of their income due to layoffs, furloughs, and business closures. Because of this, child support and alimony payment orders that depend on income are in question.
Despite the current global turmoil, people must pay child support and alimony unless a court issues an order modifying the existing orders. Without a court order modifying or terminating child support or alimony payments, a motion for contempt may be filed against the individual behind on payments.
When Can I Modify My Child Support or Alimony Payments?
Florida permits courts to modify child support and alimony payments if the financial situation of the payor experiences a “substantial change in circumstances.” Modifications of child support and alimony orders are considered very serious; however, when the proper circumstances exist, modifications may be granted.
To modify child support or alimony payments, you will need to file a petition with the court in the county where the case originated. A “substantial change in circumstances” must exist to warrant a modification of any existing child support or alimony orders. The change in circumstances must also be unforeseen.
Nationwide, millions of Americans are experiencing substantial and unexpected changes in their financial situation due to COVID-19. Therefore, the inability to pay existing child support or alimony orders due to COVID-19 may warrant a modification.
Your income does not need to have changed by any set amount before filing a petition for modification. However, in child support orders, the modification must result in a difference of $50 or 15% (whichever is greater) from the prior existing order.
Whatever the reason, losing your job or being furlough for an extended period can have a devastating impact on your financial resources. The responsible thing to do in these situations is to evaluate your ability to continue to make child support and alimony payments in the same amounts that were determined in the past.Family Law Attorney Holly Derenthal
What Is the Process for Seeking a Modification?
Requests for modification of child support are likely to be granted if the modification serves the best interests of the child or children. Your supplemental petition to modify child support outlines the basic details of the case, specifically the purposes and facts surrounding the request for modification.
Due to COVID-19, some counties may have closed their courthouses to non-essential hearings. Determining whether your situation qualifies as an emergency requires the review and support of an experienced family law attorney.
How Can BrewerLong Help Me Modify My Support Obligations?
Each county in Florida has different local requirements for a petition to modify child support or alimony payments. The process can be confusing, further complicated by the stress and uncertainty in the time of COVID-19.
In Orange County, legal services are considered an essential business. BrewerLong attorneys continue to work in the office without interruption in serving client needs. Contact BrewerLong to learn more about your options for modifying your child support or alimony orders in the time of COVID-19.
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