The COVID-19 pandemic has wreaked havoc around the world, especially in our area. As a result, not only are many facing a significant disruption to daily life, but many are also finding themselves furloughed, laid off, or experiencing a significant reduction in, or elimination of, their business.
For those paying alimony or child support, many in this situation may be stressed about how they are going to continue to timely make these payments to their spouse, or soon-to-be ex-spouse.
For those receiving alimony or child support, many in this situation may be stressed about how they are going to continue to pay their monthly expenses if now their sole source of income is their alimony or child support.
This article will outline the law on modification of alimony and child support orders and the ways you can protect yourself
now , if you find yourself in one of these situations.
Modification of Support Orders
General Statutes § 46b-86(a), which is the modification statute, provides:
Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support, an order for alimony or support pendente lite. . . may, at any time thereafter, be continued, set aside, altered or modified by the court upon a showing of a substantial change in the circumstances of either party.
Therefore, so long as the court order does not say that the alimony order is nonmodifiable, it can be modified. A child support order can always be modified. Assuming the court order is modifiable, you can file a motion for modification of alimony or child support.
In order to obtain a modification, the party filing the motion must first establish a substantial change in circumstances. A court is likely to find that an involuntary job loss or significant disruption in business caused by the COVID-19 pandemic is a substantial change in circumstances.
Upon finding that a substantial change in circumstances has occurred, the court is next required to determine whether a modification of alimony or child support is appropriate, after consideration of many factors, including the amount and sources of income, ages, health, station, occupation, earning capacity, amount and sources of income, vocational skills and employability, occupation, and the estate and needs of each party or the child.
Only after the court considers these factors can the court modify an alimony or child support order. Whether it chooses to do so will depend on the facts and circumstances of your case.
Timing
Generally, it is advisable to file a motion for modification as soon as possible, even though the Connecticut family courts are currently closed to non-emergency matters. That is because a party seeking a modification of a child support or alimony obligation may ask the court to make its modified orders retroactive to the date of service of the motion for modification. By way of example, if the motion for modification of alimony or child support is served on your ex-spouse on April 30th, you will later be able to claim that any reduction in the amount of alimony or child support paid should be effective as of April 30th. If the court agrees, you may be entitled to a credit or reimbursement for any overpayments made after April 30th.
In sum, you are preserving your retroactivity claim by acting as soon as possible following a job loss or reduction in business.
Changing the Court Order
The law is clear that a court order must be followed until and unless it is modified by a later court order. Therefore, absent a court-ordered modification to the existing court order, you cannot reduce the amount that is paid each month or when the payments are made.
Even if your spouse or ex-spouse agrees to a reduction in alimony or child support via text or e-mail, you still must have the court order changed in order to protect yourself. If you do not change the court order, the court will still expect you to fully comply with the court order, notwithstanding your spouse’s or ex-spouse’s agreement to the contrary.
If you do not change the court order or you reduce the alimony or child support payments without the court’s permission, you are at risk of being found in contempt. Contempt is a willful violation of a clear and unambiguous court order. If you are found in contempt, the court could order you to pay the attorney’s fees of the other party. In short, judges expect people to follow their orders; they do not look kindly on those that do not.
The lawyers at Ferro, Battey & Eucalitto, LLC have significant experience in prosecuting and defending claims for modification of alimony and child support. To strategize about your case, or for more information, contact us today.
