Modifying Child Support Orders Retroactive Due to COVID-19 in California

The COVID-19 pandemic has changed the way Californians conduct every aspect of their lives. These changes have affected all traditional interactions, including those involving the San Diego County Family Court system. In compliance with Governor Newsom’s Executive Orders and Superior Court General Orders, all courthouses and services are temporarily closed to the public. Except for “…certain time-sensitive and essential functions…,” affected parties must work within a schedule of court extensions or comply with interim rules. The courts have also suspended e-filings as a document submission alternative.

Fortunately, the situation is temporary. As life returns to some semblance of normalcy, the courts will eventually open their doors. That provides little consolation if you are struggling financially because of your current child support arrangement. If you are frustrated with your current support order and need a change, a legal representative can help you decide how best to proceed.

Discuss Your Concerns With an Attorney

Attorney Steven M. Bishop is a certified specialist in family law and a knowledgeable estate planning lawyer. He stays abreast of ongoing changes, so he understands how to navigate legal issues and court challenges.  That is important during these unprecedented times when a pandemic controls our day-to-day activities.

Attorney Bishop can provide critical answers to your questions about COVID-19-related support order modifications. With court systems on hold, legal processes are often complicated and tough to manage. Despite temporary court-closings, procedural changes, and delays, he can assist you in initiating a support order modification that takes advantage of a temporary retroactive provision.

Emergency Rules Related to COVID-19

When you need a child support modification order, a temporary delay causes significant hardship. Fortunately, the California Judicial Council recognizes this dilemma. Effective April 20, 2020, they added Rule 13 to its existing list of temporary procedures. Instead of waiting for the court to resume normal operations, you may initiate a child support order modification through an informal process.

Child Support Default: A COVID-19 Legacy

Child support will be a continuing element of concern even after the state’s “stay at home” order expires. The temporary business closings that helped minimize the risk of contracting COVID-19 also generated record unemployment numbers. The Employment Development Department reports 99,500 lost non-farm jobs in the state from February through March 12, 2020. The numbers reflect California’s fourth-largest job-loss trend on record. It will likely continue when EDD publishes its updated figures on May 22, 2020.

Temporary job furloughs have left many workers with no source of regular income. The losses have created a situation where both custodial parents and non-custodial parents are caught up in COVID-19’s economic legacy. Some unemployed custodial parents need child support increases to provide food, shelter, and care for their children. Some unemployed parents who must pay child support have difficulty complying with existing agreements. Without some procedural relief, child support accounts will reflect unmanageable delinquencies that may subject non-paying parents to criminal penalties.

Child Support Modification

The San Diego child support system modification process helps ease financial distress for custodial and non-custodial parents. One or both parents may request a child support order modification when a situation changes:

  • Changed income
  • Lost job
  • Incarceration
  • Another child from a different relationship
  • Significant changes in time spent with the non-custodial parent
  • Changes in a child’s financial needs
  • Changes in custody calculation factors

As a custodial or non-custodial parent, you must request a child support modification through a formal court process, and it is best to consult an attorney for assistance.

Emergency Rule 13 Makes The Process More Flexible

With courthouse access restricted to emergency situations and e-filings suspended, the courthouse closings and procedure suspensions effectively shut parents out of the modification process. As the court bases modification dates on the date a request was filed, court services suspensions eliminate the potential for timely relief.  When the California Judicial Council issued Emergency Rule 13, it changed modification order effective dates. Parents must still file a formal request, but the emergency rule gives them some degree of flexibility.

Retroactive Support Orders

Child support orders were not considered in the Judicial Council’s original emergency rules dated April 6, 2020. The initial 11 procedural changes related to criminal and juvenile delinquency matters, foster care, foreclosures, and a few other issues. The emergency child support modification rule became effective on April 20, 2020. Under the temporary rule, a parent may file a modification request by following Emergency Rule 13 Guidelines. If approved, orders are retroactive to the date you started your modification process.

The emergency process allows you to “…start your case now…” and this provision applies only if you cannot file your request “…because of COVID-19…”

Do You Need an Attorney to Assist You With Your Modification Process?

Whether you are sick due to COVID-19 or unemployed because of a layoff, a modification order gives you relief until your financial situation improves. It is an important step. You need a legal professional to make the process go as smoothly as possible.  Attorney Steven M. Bishop, has handled divorce, custody, support, and estate planning challenges for over four decades. He is a Certified Specialist in Family Law who has always dedicated his time and energy to resolving his clients’ most pressing issues.

Attorney Bishop has assisted his clients with support modification orders and many other important legal processes. You can reach him at 619-304-0418 or by completing our Contact Form.

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To talk to our lawyer about your family law issue in a free telephone consultation, please call our office at 619-299-9780. You may also send us an email. We represent people throughout San Diego County in a host of different family law matters.

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San Diego, CA 92108

Phone: 619-299-9780

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