Coronavirus (COVID-19) has brought an unprecedented and uncertain situation to our doorstep.  The rapid spread of this dangerous virus has resulted in illness and death for many Virginians.  Governor Northam’s most recent Executive Order has imposed more substantial personal and professional restrictions as we all strive to “flatten the curve” and limit infection.

While we are not here to comment on the personal health/safety issues at stake, we did want to share some thoughts regarding how this new normal is impacting a lot of our clients.  For this brief post, we will focus on the issue of court-ordered child and spousal support.

As we have already seen, layoffs abound, and many Virginians will experience a dramatic reduction in income.  Hopefully, this will be a short-term problem.  However, with the Courts being temporarily closed to non-essential causes, many of our clients have concerns over how to address their Support Order, so here are a few quick thoughts:

• For all persons who have lost their income or are experiencing a significant income reduction:
  • It may be wise to attempt to find new employment and to apply for unemployment benefits, if you qualify. 
  • Keep track of all efforts to find new employment: maintain copies of written and email applications and any relevant correspondence with potential employers; keep a journal or spreadsheet with the names of companies that you’ve applied for and the dates of each application.  
  • Speak with the opposing party: given the court closure, as well as the likelihood that this crisis will impact everyone, the quickest avenue to relief may be through mutual agreement.*
  • File a Motion to Amend**.  Whether you are the payor (seeking to reduce the support obligation), or the payee (seeking to increase the support obligation), you should consider filing a Motion to Amend Support with the appropriate Juvenile or Circuit Court.  It is important to note that there may be a substantial delay in your ability to file in light of the ongoing crisis.
  • Speak to an attorney. An experienced divorce and family law attorney can help you explore all options so that you can determine the best avenue(s) to pursue.
• For the PAYOR:
  • We cannot advise clients to disregard an existing spousal or child support order.
  • If you are the payor and cannot pay due to financial constraints, we would recommend that you make every effort to pay what you can (do your best to comply using income/financial resources available to you) until your ordinary income resumes or you are able to obtain a modification.** 
  • Making efforts to find employment/seek unemployment benefits and making partial support payments may help you avoid a contempt finding.

*Even if you are able to reach an “agreement” with the opposing party regarding temporary modifications to the terms contained in your support order, it may still be critical to have your agreement formalized in a new order or formal written agreement.  It would be wise to discuss any agreement that you reach with an attorney.

**If you have a spousal support obligation that is considered “non-modifiable”, you may not be able to seek modification from the Court and should speak with an attorney regarding available options.

If you would like to speak with an experienced divorce and family law attorney regarding your child or spousal support obligation, please contact BoykoNapier at (804) 658-3418, or you can reach us via email.