The world is in turmoil and this pandemic called the “coronavirus”, also called COVID-19, has placed almost all of us in a mandatory lock-down. Many businesses are suffering and many are facing indefinite closure, unable to survive this world-wide public health emergency quarantine. Bills, rent, payroll and other overhead expenses will pile up. Along with the lack of money coming in, this makes it nearly impossible for many businesses to survive. Thus we will see an increased need to revise child and spousal support cases sooner rather than later!
If you are facing permanent business closure, and/or a huge change to your financial situation due to the coronavirus pandemic, it is important to re-open your child support and/or spousal support cases as soon as possible or hire a new attorney to submit paperwork for a modification as soon as the courts allow it.
Everyone needs to be aware of what their spousal support, alimony and child support orders are, and they need to hire an attorney to get the process of revision going as soon as possible. The clock doesn’t start on the change to your income and what you owe, until you file the documents with the court. If you procrastinate, and wait a few months before hiring the attorney to start the process, it will not be retroactive for the months prior to filing.
Although our Family Law Office of James J. Kenny is not currently open to the public, we are still taking calls and replying to emails from our home office in Rancho Cucamonga, Ca! There is great urgency to insure you contact us as soon as possible, because the paperwork to reconsider your new child support and/or spousal support amount is based on the change in your income due to business closure or in some people’s cases, a loss of a job.
We had a past client reach out to us in urgency because due to this coronavirus quarantine, he had to close his athletic gym and is realizing he will not make it financially to continue to stay in business. Because his gym did so well in the past, his ex-wife was being paid $10,000 per month in alimony/spousal support which was decided in divorce court a few years ago. By reaching out to Mr. Kenny to reopen his case and have a judge reconsider his required spousal support amount, we were able to start the paperwork for him immediately and advised him accordingly. Our divorce attorney, Mr. Kenny, recommended that instead of paying the full $10,000 amount this month, that he at least pay his ex-wife’s rent as well as a fair amount to go toward groceries and necessities as a “good faith effort” toward shelter and food for the family. The only problem is that currently, the Courthouses are closed at this point and only one courtroom is open for domestic violence and child abuse cases. Our family law office is preparing the paperwork for this client so that as soon as the courts are re-opened, or at least opened virtually for back-filing, we can submit the paperwork to reconsider the case. Once that is done, even if the judge cannot see our client’s case for another 2-3 months, they will consider the modification based on when the paperwork was submitted.
Our Family Law Office of James J. Kenny has two offices located in Rancho Cuamonga, Ca and San Bernardino, Ca with the ability to meet virtually. Although we are not currently meeting in person until this quarantine is lifted, you can contact us anytime to start the process of modifying your child support, spousal support and alimony!