In New Jersey and around the world, we’re currently dealing with an unprecedented global pandemic. COVID-19 continues to infiltrate our communities, but our state and country’s resiliency has been a beacon of hope for the future. Still, much has changed for us all in just a month’s time. Some of us rely on routine and have been hit especially hard by these changes: blended families, co-parents, and other individuals with pressing family law issues are all being severely affected by stay at home ordinances and other changes to the way we live our lives.
Even without the occurrence of a global pandemic, family law can be a tricky topic to understand if you haven’t studied it for years. That’s why you should always get your information from a professional, such as a family law attorney, when you have questions specific to your case. You wouldn’t trust WebMD over a trained healthcare professional, so don’t trust an unverified source to give you legal advice, especially now when legal guidelines are rapidly changing due to COVID-19. Instead, consult our law firm’s collection of COVID-19 legal resources for information pertaining to the pandemic. Then, contact Micklin Law Group’s attorneys if you’d like to work with us to discuss the specifics of your family law case.
Parties are obligated to follow the Court’s Order. Neither party is permitted to unilaterally alter parenting time, except with a Court Order or the other parties’ consent. Otherwise, you may be sanctioned by the Court. It is difficult to respond to your query because the precise response will depend on what your court order/settlement agreement says. The current COVID-19 pandemic is unprecedented. You should try to coordinate parenting time with the other party by verifying the other parent has taken all the necessary precautions set forth by the CDC. If you are not comfortable that the precautions are satisfactory, you should speak with an experienced family law attorney and bring an action before the Court. Please see the following YouTube clip re: parenting time and COVID-19 – YouTube.
You will have to file an application with the Court seeking enforcement and possible modification of your agreement. Your ex-husband has an obligation to pay your alimony and he must pay alimony to you until a court orders or you agree otherwise. As that has not happened, he is in violation of your agreement/the court’s order. With regard to child support, this would be dependent on the language of your settlement agreement/court order. From your post, he technically has done mothering wrong, as there is no childcare cost, he has nothing to pay; however, you may be able to argue that there has been a substantial change of circumstances warranting modification of your agreement or order because the present situation has created an inequity which is harmful to your children. You should speak with an experienced family law attorney to ensure your interests are protected.
First, you need to look at your Martial Settlement Agreement and the language for your alimony and child support obligations. In order to modify an alimony or child support order, a party must prove that there has been a substantial change of circumstances that is not temporary. Modification actions are very fact sensitive, so more information would be needed to provide a more precise response. Generally, if you lost your job a month ago, that would be seen as temporary; however, this COVID-19 pandemic is like nothing New Jersey has ever experienced before.
The Courts are still accepting filings and you do not need to settle with your current situation. Since your present circumstances are temporary, it would be difficult to be successful on a modification motion; however, the current COVID-19 situation is unprecedented and the Court’s may be sympathetic. These matters are very fact sensitive and no two cases are alike. It would be necessary to know more about your case to give you a more precise response.
If you’ve found yourself with a lot more time on your hands recently, you may have come to some difficult conclusions about your marriage. Many couples who have been spending all their free time together as a result of COVID-19 have realized they’re unhappy and would like to pursue a divorce. These couples don’t want to wait until the threat of contracting the Novel Coronavirus has passed; they want to begin the divorce process right away.
With Micklin Law Group’s new E-Divorce service, you don’t have to put up with being married until COVID-19 has passed. This no-contact service allows you to file all the necessary divorce paperwork electronically and meet with your attorney via video conference from the safety of your home. Your entire divorce will be completed by an attorney who represents either you or your spouse (we are ethically prohibited from representing both spouses) and has the legal know-how to prepare your divorce documents electronically. To learn more about how you can obtain a no-contact E-Divorce during COVID-19, visit our new E-Divorce page
Many parents have questions about child custody, child support, and parenting time during the pandemic. If you’re concerned about being able to afford child support because you lost your “non-essential” job, for example, you may want to learn more about modifying or suspending your child support payments during the pandemic. Some parents with shared custody are concerned their co-parents aren’t being cautious enough about their child’s health and safety, and they want to seek a modification to their custody order. These resources offer answers to all the most common co-parenting questions during the COVID-19 pandemic.
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The Micklin Law Group, LLC serves the cities of Bayonne Belleville, Bergen County, Bloomfield, Brick Township, Bridgewater Township, Camden, Cherry Hill, Cliffside Park, Clifton, East Orange, Edison, Elizabeth, Guttenberg, Hackensack, Hamilton Township, Hoboken, Hudson County, Lakewood, Jersey City, Livingston, Montclair, Mount Laurel, Morris County, Morristown, New Brunswick, Newark, North Bergen, Nutley, Paramus, Parsippany Troy, Passaic, Paterson, Roseland, Roselle, Rosewood County, Saddle Brook, Secaucus, Shore Hills, Trenton, Toms River, Union City, Washington Township, West Caldwell, West New York, West Orange, Westfield, Woodbridge in New Jersey who are facing divorce, separation or other family law issues. We are also easily accessible to surrounding cities throughout New Jersey.
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