Child Support & The Covid-19 Pandemic

Posted July 2, 2020

The COVID-19 pandemic and stay-at-home-orders beginning March 19, 2020, and continually revised since, have interrupted our daily lives on nearly every level. The most immediate impact on children following the shutdown of schools, has been the loss of either or both parents’ income.

Remember that the goal of child support is to have the children share in the standard of living of both parents. Child support is calculated using both parents’ monthly income and the percentage of time the child spends with each parent. The California state policy is that both parents have a legal duty to provide financial support for their children.

With the complete or partial loss of income resulting from coronavirus shelter in place orders this goal has become difficult to maintain. The stress is felt by both the payor because they can no longer afford the payments, and the recipient because they need the payment to afford the child’s living expenses. This is compounded by the pandemic because the job market has been heavily impacted, and the payor may not be able to quickly reestablish employment or their previous income.

Under California law, a parent is obligated to pay child support at the amount previously ordered until the court modifies the order. A payor must file a request to modify the child support as soon as possible after they become aware of their change in income. This is because the court can only make an order retroactive to the date of filing of the request, not to the date the income changed. Again, if the payor waits, then they will still be on the hook for the previous support amounts.

Further Reading » Duty of Child Support: The Guideline and Special Circumstances Deviation

There is always the possibility that the payor is taking advantage of their changed situation because the other parent now is responsible for child support payments. Is the parent avoiding going back to work? Are they purposefully working less? Are they passing up employment opportunities that are available? These can be tricky questions during these times. There is a possibility that a request for a vocational evaluation and job contacts is necessary, depending on the circumstances.

It is important to know your rights, responsibilities, and options regarding the marital contract. [Disclaimer] Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.