The Coronavirus has disrupted every aspect of daily life, and families dealing with legal issues are no exception. Whether it’s custody arrangements, child support, or divorce, the pandemic has introduced new challenges. If you’re navigating family law issues during this time, it’s crucial to find clear solutions quickly. Here’s what you need to know about handling emergencies, court orders, and child support amid the uncertainty caused by the pandemic.
Coronavirus Family Law Problems: Legal Emergencies During COVID-19
What Qualifies as an Emergency?
In family law, emergencies involve immediate threats to safety or serious violations of court orders. A situation becomes urgent if your child is in danger or if an ex-spouse is violating custody agreements, like refusing to return your child during your scheduled time. Smaller disputes, like financial disagreements, don’t qualify as emergencies in the eyes of the court.
How to Handle Urgent Family Law Situations
If you face an emergency, take immediate action by contacting your attorney. Courts can still address these situations even during the pandemic. You may need to request emergency temporary orders or a restraining order to protect yourself or your child. Judges remain available for urgent matters, and some may even allow virtual hearings.
How to Address Child Custody and Possession During School Closures
Court Orders and School Closures
Court-ordered possession schedules remain in place even if schools close. You must follow the schedule as written, regardless of changes in the school calendar. This means pick-up and drop-off times don’t change, and any agreed-upon vacation schedules remain valid unless officially modified.
Working with Your Ex-Spouse
If school closures make the standard schedule difficult, communicate with your ex-spouse. Work together to find a solution that suits both of you. Flexibility can reduce stress and prevent further disputes. Keep your communication clear and respectful, and confirm any changes in writing. If you can’t agree, the court order stands.
Coronavirus Family Law Problems: Child Support Responsibilities Amid Job Loss
Are You Still Required to Pay Child Support?
Yes, child support remains a legal obligation until a court modifies the amount. Even during the pandemic, losing a job doesn’t excuse you from making payments. You must continue to follow the terms of your child support order unless you get an official change from the court.
Steps to Request a Modification
If your income drops significantly, request a modification as soon as possible. Filing a motion with the court can temporarily reduce the amount you owe. However, it may take time to get a hearing due to the current backlog in the courts. Be prepared for delays and gather documentation showing your change in income.
Communication with Your Ex-Spouse
Inform your ex-spouse immediately if you experience job loss or financial hardship. Open, honest communication can help you reach an agreement on temporary payment arrangements. Many ex-spouses are willing to negotiate, but they need to know what’s going on. Don’t let them find out after payments are missed—address the issue early to avoid tension.
Dividing Coronavirus Relief Payments During a Divorce
Who Gets the Relief Check?
When you and your spouse file taxes jointly, determining who receives the coronavirus relief check can get tricky. The government bases the payment on the tax return from either 2018 or 2019. If your tax refund or payment went into a joint account, the relief check will likely follow that same pattern. If you have separate accounts, the funds will end up in the account linked to the tax return. This can cause confusion during a divorce, especially if both parties claim a share of the payment.
How to Divide Relief Payments
During a divorce, it’s important to discuss how to divide the relief payment. You need to consider your financial situation, shared expenses, and any ongoing family obligations. Work with your spouse to agree on a fair split. If the negotiation stalls, involve your attorneys to mediate the conversation. Courts may take into account who needs the relief funds more or how child-related expenses are being handled. The key is clear communication and ensuring both parties feel heard.
Conclusion
The Coronavirus has introduced new challenges to family law matters such as custody, child support, and the division of relief payments. To address these issues effectively, it’s important to maintain open communication with your ex-spouse, stay informed about court orders, and seek legal guidance. Virtual consultations with family law professionals can provide the answers you need and help resolve disputes swiftly. Don’t hesitate to reach out for the support you need to navigate this difficult time.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.