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Sep 19

The Impact of COVID-19 on Child Support and Alimony Orders

How COVID-19 Is Impacting Child Support and Alimony Orders

This year, the spread of COVID-19 brought most areas of everyday life to a screeching halt. With more than 45 million Americans filing for unemployment at the beginning of state-ordered shutdowns from mid-March to early April, most households have experienced a change in their employment and, possibly, their finances. Changing finances can affect the households of divorced couples and parents who have informal or court-ordered financial support arrangements in place.

How Covid-19 Is Affecting Spousal and Child Support

Recent spikes in unemployment have caused many people’s incomes to decrease rapidly and unexpectedly. For custodial parents and recently divorced individuals, a sudden reduction in their household income makes child support and alimony payments even more critical for maintaining their lifestyles. At the same time, parents and former spouses who are required to make maintenance payments may find themselves struggling to meet their financial obligations. As a result, both sides are more likely to find themselves seeking legal recourse.

Impacts on Child Custody Arrangements and Visitation

COVID-19’s effects extend beyond financial support orders. People who have court-ordered visitation agreements may be unable to follow their regular schedules due to travel restrictions and health advisories. Parents who typically meet their children in public settings during visits or to exchange custody may find it challenging to find a mutually convenient, safe setting in which they can have visits or pick up their children. In addition to parents facing logistical challenges, courts and administrative agencies must also develop solutions to compliance-related questions.

What Can Custodial Parents and Formerly Dependent Spouses Do?

Every case is different. Therefore, parents who have custody of their children and individuals who receive spousal support should immediately notify their attorneys if COVID-19 is disrupting their child support or alimony payments. In cases in which both adults can communicate civilly, both parties may be able to work out temporary arrangements and abide by them for as long as the pandemic impacts their original agreement. Parties that can agree to modify their agreement should contact their respective lawyers and put the new terms in writing.

What Can Noncustodial Parents and Former Spouses Who Pay Alimony Do?

Parents and individuals who are ordered to make support payments to their former spouses and/or their children may get a reprieve by requesting a modification. If the paying party is unable to agree with the receiving party to temporarily amend the current support order’s terms, the paying party may unilaterally seek a modification in court by filing a motion. To file the motion, the party who wishes to seek a modification should contact a divorce lawyer or, if the parties were never married, a family law attorney who specializes in child custody cases.

Jurisdictional Changes Due to COVID-19

Several jurisdictions across the U.S. are making adjustments to their standard procedures due to the impact of coronavirus. Courts are closed due to social distancing orders. In many cities and states, administrative staff members work remotely and may have modified office hours. Court closures and staffing limitations have led to delays in hearing schedules, and court access may be much more limited than under ordinary circumstances. The responses from different states have been mixed. In some states, courts may be shut down completely, which may result in compounding debt for noncustodial parents who have recently lost their jobs due to the impact of COVID-19 on business operations.

Legal Advice for Support Orders Affected by COVID-19

Whether you have been ordered to make maintenance payments to a spouse or support payments for a child or if you are the court-ordered recipient of support payments, the first step toward seeking legal remedy to challenges presented by COVID-19 is to contact a divorce lawyer. Your attorney will know about the latest updates on how your jurisdiction is currently processing cases that involve support orders. Our Jenkintown, Pennsylvania, divorce lawyer can help you navigate even the most contentious situations while protecting your rights. Call us today at (215) 886-1266 for a case evaluation.

Aug 22

Will a PA Court Hear My Contested Divorce During the COVID-19 Crisis?

Pennsylvania Courts Have a Backlog That Will Affect Contested Divorces

While Pennsylvania has among the lowest divorce rates in the country (9.2% according to 2017 data), there are still thousands of cases on the dockets at any given time in the state. The COVID-19 crisis has put a halt to many in-person court proceedings, and courts have yet to resume these proceedings except on a very limited basis. As a result, you can expect your contested divorce hearing to be delayed for some time.

Courts Are Struggling to Accommodate In-Person Hearings

Courts will eventually hear contested divorce cases, but in-person trials are still a bit in the future. This could make it difficult to conduct a full trial with witnesses and evidence. For the foreseeable future, contested divorce hearings would still be delayed as courts will struggle to accommodate these logistically. Moreover, judges are still clearing their backlog of urgent custody matters that they were not about to reach during the height of the pandemic.

Pennsylvania courts are limited as to what types of proceedings they can conduct right now due to the pandemic. Across the Keystone State, courts are opening on a limited basis. However, for the time being, most judges and court personnel are operating remotely. Only the most urgent matters are being dealt with on an in-person basis right now. Other than that, each jurisdiction is proceeding differently. For example, Philadelphia has canceled all in-person hearings through the end of the year but will conduct protracted hearings remotely over video conference.

Divorce Hearings Often Come Last

This will likely mean that judges have more pressing matters to get to before they reach a contested divorce case. For example, a family court judge may first want to handle emergency custody petitions or matters where the welfare of a child could be in jeopardy. This may require an in-person hearing.

However, contested divorces are not viewed in the same light. Most divorces will end up settling before they reach a court hearing. Judges often view contested result hearings as matters where the two parties simply cannot get along and agree with each other. These are hearings that judges do not like to schedule even when there is not a pandemic. This sentiment will only be enhanced now that court resources are very limited.

Nobody Knows How Long the Backlog Will Last

If you are wondering how long the backlog may last, it is really anybody’s guess. Family court matters are continuing to pile up as judges maintain limited schedules. Even when judges begin to clear their case backlog, their priority will not be contested divorce hearings. These will generally get pushed to the back of the list. If any emergencies are at issue such as custody matters, judges may schedule a remote hearing as opposed to an entire trial in person.

It is very difficult for the court to conduct an entire contested divorce hearing remotely with witnesses and your divorce lawyer. Coordinating a virtual trial with witnesses and other evidence will be a tall task for a court, even though this is how courts intend to hear cases for the foreseeable future. As a party to a divorce trial, you may not even want a remote divorce hearing to decide your case due to the difficulty of arguing your case. Even if it is possible, there is still a substantial backlog.

As a result, your best bet as a divorce litigant is to try to mediate or settle the case without the need for a judge to conduct the trial. If there was ever a time for collaborative divorce or settlement, now is it. Of course, even though analysts always urge you to avoid a trial, we recognize that it takes two to work together to settle the divorce. However, you should understand that going to court will mean that your divorce will take much longer to resolve. This could impact property division and other issues.

To learn more about the status of the courts and how it could affect your divorce, contact the divorce lawyer Joanne Kleiner at (215) 886-1266 to set up a consultation. Our office is located in Jenkintown, PA, but we’re taking social distancing measures to serve clients remotely.

Aug 18

Divorce Mediation During the COVID-19 Pandemic

The Coronavirus Pandemic and Divorce Mediation

Even before the COVID-19 pandemic, divorce was a stressful proposition. In the midst of the health emergency, divorce lawyers have canceled in-person meetings. With Pennsylvania’s confirmed infection toll at over 124,000 as of August, many of the county courts are just starting to tackle a backlog of family court cases.

Understanding the Mediation Process

Divorce mediation is all about communication. Often, when couples reach the point of splitting up, there are emotional barriers that make direct communication difficult. In a mediation process, the couple sits with a third party who helps them talk through the many decisions a divorce requires. Mediation sessions will cover such areas as:

  • Division of property
  • Child support
  • Child custody
  • Alimony

Candidates for Mediation

Mediation minimizes the amount of time spent in a courtroom as well as often lowering the cost of the divorce. However, the mediation process is not for everyone. Spouses must maintain a decent level of communication. If one partner cannot be in the presence of the other without getting angry and upset, this process will not be helpful.

For a productive mediation, both spouses must be committed to the goal of peacefully ending the relationship. This is not a counseling session where a couple is trying to resolve issues and stay together. Mediation is a process for formally ending a marriage.

Virtual Technology and Mediation

Because mediation is about meaningful communication, virtual technology allows the process to continue during a time of social distancing. Using an online communication platform like Zoom, the couple can meet with their mediator in a virtual mediation session. A conference call is another way that partners can communicate with the mediator.

The spouses will deal with the same issues in a virtual setting. However, online mediation will bring new challenges. In most in-person mediation processes, the sessions end with the couple signing forms together at the legal office. An action that took a few minutes may be extended to days as forms travel by mail or the spouses make separate signing appointments.

Delays in Divorce Because of COVID-19

Mediation is not the final step in divorce proceedings. If the mediation is successful, the couple will have a separation agreement that handles the necessary aspects of dissolving the marriage. However, the court must approve the agreement, and the couple must swear to the agreement through the court. Unfortunately, the COVID-19 pandemic has slowed down this part of the divorce process.

The advantage of virtual mediation during the pandemic is that spouses do not have to wait to prepare the agreement. It is a great relief to have the separation agreement in writing and ready to go. As the courts reopen and begin to hear divorce cases, the couple will be ready for their final session.

Tips for Meaningful Communication on Virtual Platforms

The COVID-19 pandemic has moved a great deal of communication online. Of course, this kind of format is quite different than sitting face-to-face around a table. Couples can expect some challenges when working with this technology for mediation.

The couple should be prepared for pauses. Differing internet speeds can cause lag that disrupts the natural flow of conversation. When someone speaks, other participants should take a beat before responding. Participants can use hand gestures like waving to indicate that they would like to speak. In some cases, it will be best for the mediator to call on the participants for input.

The couple should be ready for the meeting. Online communication often feels less formal. However, these sessions will be the most productive if participants can minimize distractions and have all of their necessary documents in front of them.

Patience is a necessity. There will be frustrating moments during an online session. The technology may not always work perfectly. Children and pets will not always behave in the background. It is best to acknowledge the imperfections and move forward.

As a divorce lawyer in Pennsylvania, Joanne Kleiner can help you through the mediation process as either a mediator or legal advisor. To find out more, you can reach out to the Law Office of Joanne Kleiner in Jenkintown through our website or by calling 215-886-1266.

Jul 31

The Effects of the COVID-19 Pandemic on Collaborative Divorce Cases

How the COVID-19 Pandemic Has Changed Collaborative Divorce Processes

Although it’s too early in the COVID-19 pandemic to tell if being cooped up will cause more couples to file for divorce, more than 32% of married people said that the pandemic-related lockdowns, quarantine and isolation have harmed their relationships. Many divorce lawyers in Pennsylvania have anecdotally noted an increase in inquiries about initiating a divorce, and being stuck inside together may be the proverbial straw that breaks the camel’s back. If you’re already in the midst of divorce proceedings, the pandemic has also likely caused some changes in what you thought, or hoped, would be a smooth and speedy process.

Technology for Facilitating Discussions

When you need to discuss an issue with your divorce lawyer, you’ll probably rely on technology for it. Due to COVID-19, in-person meetings may not be an option. Instead, you may discuss the issue with your attorney over the phone or a video call. You’ll still maintain confidentiality and be able to get answers to your questions about the proceedings.

Remote or Virtual Meetings Instead of In-person Consultations

Before COVID-19, mediation for collaborative divorces took place in person, usually in a small conference or meeting room in the courthouse. Now, that option may not be available. Instead, you’ll likely use an app, website or software such as Zoom to have a secure meeting. If the court has facilities that will allow you to maintain social distancing while negotiating in person, you may be able to engage in face-to-face discussions. However, you’ll need to wear a face covering and prepare for long backlogs for accessing courthouse facilities and services.

New Areas of Disagreement Requiring Mediation

The COVID-19 pandemic may have brought about some new areas of disagreement that require assistance from your mediator. For example, if you or your ex-spouse is a health care worker or another type of essential worker, your custody preferences may change. If one of you has a health condition that puts you at a higher risk of developing a serious illness or dying from COVID-19, you may need to work on backup plans for guardianship, custody and visitation that you hadn’t considered before the pandemic. If you or your ex-spouse lost a job as a result of the COVID-19 shutdowns, you may have new areas to mediate around spousal support and the division of assets.

Increase in Stress and Anxiety

Many people are more stressed and anxious because of the COVID-19 pandemic. This affects your mood, train of thought, ability to focus and overall sense of well-being. When you’re stressed and anxious, it’s easier to lose your temper or be disagreeable. Keep in mind that the pandemic has had deep effects on mental health, and it may affect your ex-spouse differently than it affects you. You or your ex-spouse may be worried about job loss, securing food, getting sick or losing a loved one to COVID-19.

Postponement of Processes If a Party Becomes Ill

Sometimes, you need several meetings with your ex-spouse, his or her attorney and your lawyer as well as the court appointee to work through all of the areas of the disagreement. It’s possible that over time, one of the parties could become ill with COVID-19 or experience some other health problem. In such a case, you may be able to petition for an extension of the collaborative process.

If your needs or situation have changed due to the COVID-19 crisis, we can help. At the Law Office of Joanne Kleiner, we’re here to help you with updating your collaborative divorce agreement to change custody schedules, visitation and alimony or child support payments. The COVID-19 pandemic has caused an upheaval in many lives, and you can turn to us for help with alleviating some of the stress related to your divorce process or arrangements. To schedule a consultation with our Jenkintown, Pennsylvania, attorney, contact us online or call (215) 886-1266.

Jul 27

Has COVID-19 Impacted Child and Spousal Support Payments?

How Child and Spousal Support Are Affected By COVID-19

In March and April 2020, an estimated 30 million Americans lost their jobs as a result of COVID-related closures, lockdowns and quarantines issued by local and state governments. If your ex-spouse is among the millions who lost their jobs, they may have decided to stop sending their spousal or child support payments. However, the law doesn’t give them a break because of the COVID-19 pandemic.

COVID-19 Pandemic Impact on Income

Studies suggest that millions of Americans were laid off or furloughed over the past few months due to the coronavirus outbreak. Many of those who have kept their jobs have faced reduced work hours, irregular schedules or even pay cuts. This situation has led to many issues for divorced couples, especially those raising young children.

A decrease in income may cause your ex-spouse to go to court and fight for a lower rate of spousal or child support. If they are earning less money, the court may ultimately grant lower payments. Keep in mind that they can’t decide to do this on their own. A court order that modifies child or spousal support is required for a lawful decrease in your payments.

Ability to Remit Payments

Even if your ex-spouse has continued working during the COVID-19 pandemic, they may have some trouble remitting their payments. Many exes transfer money in person at a social services agency office. Unfortunately, many of these offices have closed or limited their hours due to lockdown measures. The payer may need to petition the court if a judge required them to make their payments in this manner. If your ex-spouse has flexibility in how they make the payment, there are other options. Banks, credit unions, post offices, and money services at grocery and big box stores continue to offer money order services. Cashier’s checks may also be possible.

Paycheck Debits

Some people have a court-mandated paycheck debit for their spousal or child support. If your ex-spouse lost their job, this directly impacts your payments. If you’ve stopped receiving the payments, reach out to your divorce lawyer to find out why. If your spouse qualifies for unemployment compensation, the debit can be done through the state office of unemployment compensation.

Ex-Spouse Gets COVID-19

With the number of COVID-19 cases continuing to increase in most areas of the United States as of July, it’s possible that your ex-spouse could end up getting infected with COVID-19. This could impact their ability to work. If you find out that your ex-spouse is ill, contact your attorney. You may need to request amended court orders for visitation and spousal or child support payments.

Ex-spouse Stops Paying

At worst, your ex-spouse may simply stop paying their support payments if they’re no longer receiving any income. Even during these extraordinary times, this is not within the law. Your ex-spouse is still required to pay you the amount due by the court-established deadline. If you stop receiving the payments you’re owed, contact your attorney for help.

Ask the Court to Intervene

If your ex-spouse decreases their child or spousal support payment or completely stops paying and blames it on the COVID-19 pandemic, seek legal counsel as soon as possible. The family courts are back in session, albeit often using remote hearings and other options to maintain social distancing. Your attorney may need to get the court to enforce the support order. Even if a judge eventually grants a support modification, this is typically not retroactive. Your spouse must continue to meet the current support obligations.

If you’re not receiving the spousal or child support that the Pennsylvania courts ordered your ex-spouse to pay, our divorce lawyer offers help. At the Law Office of Joanne Kleiner, we’re here to protect your rights and ensure that you receive the child and spousal support you need to pay for essential expenses. You don’t need any more stress during these challenging economic and social times. To schedule a consultation with our Jenkintown attorney, call us at (215) 886-1266 or visit our website.