CORONAVIRUS WILL AFFECT CHILD SUPPORT IN FLORIDA

CORONAVIRUS WILL AFFECT CHILD SUPPORT IN FLORIDA

The coronavirus has caused Hospitality and tourism industry closures, major job losses and shutdowns which will trigger reductions in child support in Florida and across the United States.

Treasury Secretary Steven Mnuchin has warned that the US unemployment rate may jump to 20% due to the coronavirus.  Florida Department of Economic Opportunity Executive Director Ken Lawson said Wednesday that unemployment claims are already spiking.
“Since last Thursday, we have seen over a 100% increase in unemployment claims,” Lawson said.

For individuals paying (or receiving) child support or alimony, a parent becoming unemployed represents a huge financial blow. Unfortunately, with the coronavirus causing shutdowns, social distancing and stay in place orders across the country, a massive jump in unemployment appears inevitable. With the massive layoffs and job loss comes an increasing demand for reductions in child support orders across the country.

When A Parent Paying Child Support or Alimony is Laid Off or Loses His or Her Job

In normal times, the child support paying parent who experiences a substantial loss in income will file a Modification for Child Support in Family Court, often in conjunction with a Motion for Temporary Order seeking an immediate reduction in support. However, the coronavirus crisis has effectively closed Family Courthouses to routine motions in Florida. The Florida Supreme Court’s Standing Order AOSC20-15 provides that most non-essential motions and hearings have been suspended through March 27, 2020.  This is a fluid situation and can change.

Florida is an on-line e-filing state. This means all case pleadings and motions are filed online.  The Florida e-filing portal is still open and active.  Although, immediate court access for relief is affected motions for modification and other pleadings can still be filed.  This lack of immediate access to the courts should not discourage child-support paying parents from taking some action following job loss.

If you are the child payor best practices suggest that a child-support paying parent who is laid off should file a Motion for Modification of Child Support as soon as possible.

Addressing Layoffs and Job Loss with the Recipient Parent

As I have noted elsewhere in my blogs, litigants should always be careful about what they state in text messages, emails, co-parenting apps, and social media. In the context of a Motion for Modification to reduce child support, any statements made to the opposing party may be used as evidence in an upcoming hearing.  Nevertheless, there may be a greater price to pay for support payors who fail to offer respectful, accurate information to the support recipient following a job loss. To the extent that the loss of child support could be financially catastrophic to the recipient, many judges expect support paying parties to act with decency, compassion, and clarity by informing the recipient of the job loss and the impending financial difficulty.

The appropriate level of detail to share with a support recipient will vary from case to case. However, what almost never varies is the need for support-paying parents and former spouses to share this kind of difficult information with respect and compassion, even if the parties have had strained relations over the years. With the coronavirus crisis leaving Family Court judges uniquely powerless to influence most cases, it is likely that judges will pay close attention to how parents and former spouses behaved during the crisis, once regular hearings resume. A party who acts with decency and sensitivity towards the extremely difficult circumstances faced by the other party is far more likely to receive the benefit of the doubt from a judge in a future hearing.

In many instances, it will make sense for support-paying parents to inform recipients that they have to file a Modification for Child Support because of the job loss.  Remember the recipient parent is counting on support for the child and the child still has needs and expenses.  Moreover, the recipient parent may be suffering a job reduction or job loss too.

What Happens if Child Support Was Deducted from the Payor’s Paycheck?

In Florida, many parents pay child support through “income wage deduction” administered through the Florida Department of Revenue (“DOR”). If the support-paying parent is laid off or otherwise loses his or her job, DOR-collected child support payments are likely to stop immediately. However, it is important for child support-paying parents to recognize that their child support obligation does not go away just because DOR no longer has a paycheck to draw from. Child support arrears will continue to accrue for the parent – with continued exposure for a Motion for Contempt – until and unless a court orders a reduction.

In Florida, child support paying parents can generally only obtain a retroactive reduction in child support going back to the date the party served his or her Motion for Modification on the recipient. This is why it is so important for child support paying parents to file a Motion for Modification immediately after losing their job. Although retroactive relief from child support is not automatically available going back to the date of the modification, the lack of immediate access to courthouses during the coronavirus crisis is likely to result in more judges ordering retroactive relief once courts re-open. Perhaps more importantly, parents who fail to file a Motion for Modification may lose the opportunity to seek retroactive relief at all.

Are Unemployment Benefits Subject to Child Support?

The Florida Child Support Guidelines Florida Statute Section 61.30 include unemployment benefits as a source of income from which child support can be paid. Indeed, in many cases in which a parent becomes unemployed, child support is simply re-calculated under the Guidelines based on the amount of weekly unemployment the paying parent receives.

It is important to note that the federal government, as well as individual states, appear to be reacting quickly to the impending employment crisis by beefing up unemployment benefits in a variety of ways. This might mean larger unemployment checks or faster processing time. As noted above, it is important for support paying parents to remember that their child support obligation is not automatically reduced because they begin receiving unemployment.

Don’t Pay Nothing: Avoiding Pitfalls and Traps After Job Loss

Litigants often ask attorneys, “how much support should I pay?” after experiencing a decrease in income. The right answer to this question varies from case to case. If a parent truly has no income or cash resources, then paying any amount of child support may be impossible following a job loss. If a parent is receiving unemployment, continuing to pay the prior child support order may be impossible, but voluntarily paying an appropriate amount of his or her unemployment benefits as child support based on the Guidelines formula is often advisable.

What is almost never advisable for parents who have lost a job is to pay nothing to the other parent (unless the paying party can demonstrate through financial records that he or she is truly broke). Even a small weekly or monthly payment is almost always better than paying no child support at all when it comes to gaining the favor of your judge. Moreover, a child support recipient is much more likely cooperate if he or she feels that the paying party acted fairly following his or her job loss.

It is impossible to speak in absolutes when it comes to what steps support paying parties should take following a job loss. Every case has its own history, unique personalities, and judge. In many cases, it will make sense for a parent who experiences job loss to be transparent with the recipient about when the employment ended, when unemployment is likely to start, and how much of the unemployment benefit the recipient will receive as child support. In other cases, parties will need to be cautious about over-sharing detailed information.

In this time of a crisis that has never been seen before try to be kind and mindful of what people are experiencing.

To discuss child support or other family law issues contact Debora A. Diaz, Esq., at 727-846-1802.  Attorney Diaz concentrates only on Divorce and Family Law matters. She is also a Supreme Court Certified Family Mediator.

Written by Debora A. Diaz, Esq.

Divorce Mediation
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A Checklist for a Good Divorce Mediation

Ever since the concept of mediation and alternative methods in divorce disputes was introduced in Florida in the 1980s, it has quickly become one of the most popular ways to handle divorces. Today, divorce mediation is always the first option offered (in some counties, it’s even required by law) and the preferred way to reach the desired solution for both parties. 

As divorce is always very stressful and emotional for the entire family, and it’s best to be ready for everything that will come. Here’s a checklist that should help you handle the mediation well:

• Be aware that mediators are appointed by the court.

Many are not aware, but mediators are not required to be attorneys by law. This means that they may not be as familiar with the law as divorce attorneys are.  If the parties qualify for court-ordered mediation the mediator is assigned randomly by the court.  The parties can also decide to choose a private mediator.  The parties will pay the mediator’s hourly rate which is usually higher than the court assigned mediator.  A mediator is a neutral party who will mediate between you and your spouse, without taking sides and without giving legal advice.  If you choose to try mediation before filing your action, you will have to be prepared.

• Be ready for all the costs.

Divorces often end up having several unplanned expenses, which is why it’s vital to be prepared. If you do not have a lawyer ask the mediator about the costs involved so you can make adequate plans in advance and don’t end up being overwhelmed by the cost. 

As the mediator is a neutral third party in the divorce, the costs are usually split between you and your spouse and you should discuss how to do it in advance. Payment will be required at time of mediation.

• Have an open mind.

The very point of mediation is to avoid messy disputes and resolve the divorce cordially. If you want that to happen, you will have to keep an open mind.  Be prepared to find the middle ground with your spouse. Be prepared to think outside of the box and consider alternative solutions. Be prepared to compromise.   

• Keep your feelings to yourself!

Divorces often get messy and emotional, and it’s hard to avoid that. However, you still need to try to keep your emotions and frustrations to yourself. Always remember, the purpose of the divorce is to handle the financial and time-sharing arrangements. 

• Try to agree on some things before mediation starts.

In many divorce cases, couples can agree on a lot of things on their own. If you feel that this is true in your case, you and your spouse should try to agree on some things before the first mediation session begins. 

• Organize!

Create a list of all your assets, including the debts you have. Then prepare all financial information and statements.  What personal property do you want?

• If you have children, work out the time-sharing arrangements.

If there are children always keep in mind the best interest of the children. Will the time-sharing be good for the children? Is the time-sharing manageable? Will the children have to spend a lot of time traveling?

Work out what kind of time-sharing schedule works best for you, but make sure you are putting the children’s needs first. 

• Maintain the status quo!

Nothing will be gained by making demands from your spouse and setting ultimatums. Once again, you have to keep an open mind and try to be civil at all times. That’s the only way for both sides to feel that things are going well. However, in some cases, you will also have to make concessions you don’t want to make, and you need to be ready for it.

• Let the mediator be your guide.

In the end, the whole mediation process can only go well if you choose the right mediator and let them help to find the best resolution for both you and your spouse.

Debora A. Diaz can be that person for you. She is a Supreme Court Certified Family Mediator and a practicing attorney who deals with divorces and family law cases. In essence, she can help you be being either your attorney or a mediator to both you and your spouse.  Contact us so we can schedule an appointment with her and discuss your situation.

Please note: If you are calling because you and your spouse (or the other party) want to schedule a Mediation, please let our staff know up-front so we retain the neutrality required for Mediation. If you are interested in the Collaborative Divorce process, let us know and we will send you information and/or discuss it with you during the initial consultation.

If you would like to discuss the specifics of your divorce case, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.  Attorney Diaz practices exclusively in divorce and family law issues in Florida.

Written by Debora A. Diaz, Esq.

Collaborative Divorce 727-846-1802

Is Collaborative Divorce Right for You?

Divorces often get messy, which is understandable, as they are very emotional for both sides. They are also very challenging, expensive, and can quickly turn into complicated and lengthy court cases. 

For all of those reasons, courts across the state of Florida either suggest or demand that couples try and handle things on their own first. 

However, these things can still end up yielding little results, which is when you need to consider regular divorce. Fortunately, you still don’t have to go to court if you opt for a collaborative divorce. Let’s explain why and how:

What Is a Collaborative Divorce, and How Does It Work?

Collaborative divorce is a legal process that gives you the option to negotiate a divorce without the need to go to court to litigate. In essence, couples use a combination of team meetings, negotiations and mediation to settle disputes and reach agreements on all the crucial parts of a divorce:

• Property division
• Debt division
• Time-sharing and the Parenting Plan
• Child support
• Spousal support

The process begins with a simple conversation between you and your spouse. The discussion should be used to determine if both of you are willing to negotiate and go through the process of collaborative divorce. 

If you agree, the next step is for each of you to hire an attorney who specializes in collaborative divorce. This is important because experienced collaborative divorce attorneys have the training and know-how to reach a win-win scenario for both sides.  Naturally, that still means that your attorney will represent your interests only. 

Once you hire your collaborative  attorney, you need to discuss some things with them privately:

• How you want to split your assets and debts
• How you prefer to handle the primary residence of the children issue
• What kind of time-sharing you want for either you or your spouse
• Who will financially support the children after the divorce
• How to split joint accounts if you have them and
• What are your goals

Once the meeting is done, you can then schedule the first meeting with your spouse and their attorney, a mental health professional, and a financial advisor.  It will be the first of many meetings where you will use different methods to try to reach a mutually beneficial divorce settlement. 

If you manage to reach that settlement, all that will be left is for your lawyers to draft the settlement agreement you both need to sign. 

The parties are allowed to explore all options and reach an agreement that is right for their family.  The parties can agree to things that the courts can not order under the law.

Is Collaborative Divorce Good for Me?

As you can see, a collaborative divorce may not be nearly as complicated and stressful as a court case. However, the question still remains: Is it right for you?  

For some people, collaborative divorce is a preferred option. It should only be avoided when there are allegations of domestic violence or child abuse. It will also be necessary when the two sides cannot resolve conflicts or don’t want to try settling things amicably, outside of court. Another advantage of collaborative divorce is that is private. You reach an agreement first and then that agreement is filed with the court.

If your divorce is not as problematic as these cases, then you should consider collaborative divorce, as long as you can find a good collaborative divorce attorney.

Debora A. Diaz is a divorce and family law attorney who is trained in collaborative divorce. If you would like to explore and learn more about the collaborative divorce process you can schedule a consultation with Attorney Diaz.  You can reach her at 727-846-1802 or through her website. 

Some Tips on Planning Your Child’s Spring Break With Your Ex

Spring break usually brings about the feeling of excitement and carefree days that let you unwind. However, for co-parents, spring break can be a time of stress and quarrels. Just like the majority of holidays, spring break can create problems regarding logistics, schedules, and communication. While it is easy to get overwhelmed with all the hassle that spring break can bring about, it is vital to remember why you are doing it – your children. Putting them first and working with your ex can give your children a spring break they can look back on with fond memories. If you stay focused and follow these tips, you will be well on your way to an enjoyable spring break. 

Establish Rules and A Schedule You Can Fall Back On

The first tip requires some foresight and is all about rules. The best thing couples can do is create a plan that works for both parties. This should be talked about before a Parenting Plan, and a time-sharing agreement is signed. While this does sound like a simple step, it is likely that many people do not account for all holidays in such a stressful time.

If spring break is approaching, and you have no plans, it is best to set up a time to talk to your ex-partner. Depending on your current relationship with your ex-partner, you can work out a solution that meets everyone’s needs. Popular compromises include taking turns for major holidays. Others prefer splitting spring break into two parts, allowing both parents to spend some quality time with the child. Some people even consider going on a “family” vacation for the sake of the children. This all depends on your relationship with your ex-partner. No matter what solution you come to, it is vital to be open to a respectful and constructive conversation. Be flexible.

Put the Child First

Remember that childhood is a special time that creates the foundation for who we become. For the sake of the children, it is vital to put their needs first. Giving them the best experience is the end goal. If your co-parent has a great plan that seems like a good time for your child, let them enjoy it. Do not keep children from having fun just to get one over on an ex-partner. What goes for one partner should also go for the other. Let them know if you have any fun activities or experiences in mind, and see if you can take the child with you. If there seems to be resistance from either party, try alternating spring breaks from one year to the next, or split the break into two. If that fails, you will need to refer to the Parenting Plan. 

Spring break is a great time to kick back and recharge. Do not spend that valuable time bickering and arguing with an ex. Instead, take some initiative and approach the matter with the child’s best interest in mind. 

To discuss a Parenting Plan or other family law issues contact Debora A. Diaz, Esq. at 727-846-1802.  Attorney Diaz concentrates only on Divorce and Family Law matters. She is also a Supreme Court Certified Family Mediator.

Written by Debora A. Diaz, Esq.