Is COVID-19 Affecting Alimony Payments Laws in California?

Many people have had their lives turned upside down by the COVID-19 pandemic. Businesses remain closed and people are out of work. You may have found yourself with a cut in your salary, or you may have lost your job. In addition to having difficulty paying your bills, you may find yourself unable to make your alimony payments. You may need to meet with an attorney to learn what you can do in this situation.

Be Sure to Communicate with Your Case Worker If You Fall Behind on Your Alimony Payments

It is very important to communicate if you are unable to make your alimony payments. You can call the automated line or email your caseworker directly. You will get a stimulus payment, including $600 for each child. You can use these to help catch up on your alimony payments.

Keep in mind that even though you may be out of work, you can apply for unemployment, and additional money for pandemic emergency compensation is available through March 14, 2021. This might help you continue making your payments on time.

You Are Still Required to Make Your Alimony Payments

Although there is a pandemic and you may have trouble making your payment, you are still required to meet your obligation. When you have an agreement that has been obtained in court, you can’t change it unless you can go into court and show an extreme change in circumstances.

In the case of the COVID-19 pandemic, you will likely be able to meet this burden. If you have lost your job and have a reduced income, you will need to file a motion to modify or reduce your alimony. You need to locate your divorce agreement to see exactly what you need to do. If you need to make changes to it, you should contact an experienced attorney for help.

Be Sure to Communicate with Your Case Worker If You Fall Behind on Your Alimony Payments

What to Do If You Can’t Pay Your Alimony

If you can’t pay your alimony, there are several different options. No matter which you choose, it is important to take action right away because you will be responsible for any back payments that you have been unable to make.

Start by communicating with your case worker to make sure that you let them know what the situation is. You need to consult with an attorney to find out if you can file a motion for a modification or a reduction. You have several different options.

1. Temporary Reduction

If you have lost your job and can show a definite drop in your income, you can file a motion for a temporary reduction. The judge will look at your situation and make a ruling. Keep in mind that when the pandemic ends and you are back to work, you will need to resume your regular alimony payments. The court will likely set a time to review your case at a later time.

2. Protection From Collections

Another possibility is that the court will leave your alimony payments the same, but offer you protection from penalties or collection efforts. You will have to pay the alimony, but you won’t have to worry about paying penalties and interest or facing other problems.

3. Modification in Alimony

If your change in income is going to stay the same because your employer has permanently closed or there is some other reason that you will not be able to return to work, you can ask for a modification in alimony. This will change your alimony payments from this point forward.

Consider Your Unemployment or Other Severance Pay

Before you make any changes, you should consider your unemployment or severance pay. With the additional unemployment available during the COVID-19 pandemic, some people are actually making more money each week than they normally make.

In addition, if you lose your job, you may receive severance pay. You need to consider these things because you could go into court and find that you are required to pay more in alimony each month.

It is very important to meet with an attorney who is experienced and up to date with the current COVID-19 laws and procedures. An attorney will be able to look at your current situation and advise you on the best way to move forward.

You need to be aware that you cannot simply ignore a court order. If you are having trouble making your alimony payments, you need to address it right away. You should communicate with your case worker or call an attorney.

Final Words

Many people have been impacted by the COVID-19 pandemic. Businesses have remained closed, and people are struggling to make ends meet. If you find yourself in this situation and you are unable to make your alimony payments, you can meet with an attorney to explore your options. It is important to take action right away because the courts are unlikely to forgive missed payments that have passed.