Suspending Child Support During the COVID-19 Pandemic
With the onset of the COVID-19 pandemic, many people have suffered financial losses. Paying parents may be experiencing the financial hardship of lost wages and worrying about the penalties for missed payments and receiving parents may have an increased need for continued support due to job loss or shortage of hours. Although the pandemic has caused widespread financial losses, there has not been a statewide suspension of child support payments due to the pandemic. Unfortunately, non-custodial parents will still be liable for money owed despite their employment status, but generally no enforcement actions will be taken.
No enforcement means that the state will not submit your name to the Department of Motor Vehicles for license suspension, subject you to contempt of court or place you in jail, all common enforcement actions.
The law requires you to pay child support until a judge changes your child support order. There are two ways to do this—you can come to an agreement with the receiving party or have a court to modify child support.
Suspend Child Support By Agreement
During these uncertain times, it is worth it to attempt to reach an agreement with your former spouse or co-parent to suspend or reduce your child support obligation. Start by asking your co-parent to agree to modify child support; he or she can agree to suspend for a certain period of time or reduce the amount owed. If you are able to come to an agreement, it needs to be in writing and signed by both parties. To be in enforceable, the agreement would then need to be sent to the Judge for entry, this would requires a lawyer. If you do not have a lawyer, I would still get the agreement in writing.
If an agreement cannot be reached you may need to consider filing a petition to modify your existing support obligation as soon as possible. Filing a petition with the court will preserve arguments about modifying your support obligation back to the date the petition was filed. If your situation changes after a petition has been filed you can always voluntarily dismiss the petition.
Modification of Child Support
In order to modify an existing child support order, you’ll need to be able to demonstrate “a substantial, material and unanticipated change in circumstances.” Someone experiencing a reduction in earnings or total job loss due to the pandemic may be able to demonstrate a substantial change in circumstances. The uncertainty around how long people will be experiencing a reduction in hours or total job loss does raise the question as to whether the change experienced by someone in that situation is a permanent change in circumstances, so as to support a request to modify the existing order.
Under existing law, if there is a less than 10% change in the amount of support due per month or less than a $50.00 change in the amount of support per month due, is “shall be deemed not to be a substantial and continuing change of circumstances.”
Although, county courthouses are closed, you can still e-file in Florida, even without a lawyer. In some counties, you can still file pleadings by leaving them in an outdoor drop box. Counties in Florida have done a good job responding to the pandemic, although there are some delays, most courts have moved to virtual hearings.
If your case is scheduled for a hearing, you should be prepared to show that you’ve been looking for work. You can do this by printing your emails to potential employers and copies of any applications you’ve sent. You’ll also have to submit information about your income, expenses, assets, and debts so a judge can recalculate child support.
Although each state has its own guidelines for calculating and modifying child support, courts generally consider each parent’s income and time spent with the child. Judges will review tax returns or recent pay stubs to find income.
These are unprecedented times, and there is no perfect answer or single solution. If you have questions about your specific scenario, we are happy to assist in helping you navigate this pandemic. Give us a call today at (904) 903-4522.
