The restrictions imposed to slow the spread of the coronavirus has impacted people’s lives in numerous ways. As a result of the coronavirus pandemic many have lost their jobs, have had to close their businesses, or experienced a drastic reduction in income. You may now or in the near future be facing significant financial strain. If you have a court-ordered child support and/or alimony obligation, it is important to understand what your options are and to take action now.
Child support and alimony obligations set out in a court order are modifiable based upon a substantial change of circumstances. A significant and involuntary decrease in your income is typically sufficient to meet this “substantial change of circumstances” threshold for requesting a modification of your child support or alimony obligation. As a general rule, support obligations are vested when they become due and cannot be retroactively modified. However, if a motion to modify is filed now, a court hearing that motion in the future can make the modification effective back to the date that the motion to modify was filed.
So, if you are facing a financial reversal which makes it difficult or impossible to meet your court-ordered child support or alimony obligation, remember… you cannot just lower your payment or stop paying. You must file a motion to modify it as soon as possible. At Wake Family Law Group, we are here to assist you with that process or with advice regarding any other family law issue that may arise during this difficult time. Call our office at 919-787-4040 to set up a telephone consultation with one of our attorneys. For more information, visit www.wakefamilylawgroup.com.
(919) 787-4811