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COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

Can I pause child support arrears during the pandemic?

child support arrears

Question:

I lost my job due to the pandemic and already owe child support arrears. I know I can modify my child support order for payments moving forward but can I have those arrears paused during this time?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips for this sort of issue.

You are correct regarding the fact that you can request a modification of your support payments moving forward. However, I do believe it is important that you are aware that, unfortunately, although a reduction in income is considered a change in circumstance, the court may not modify the amount or duration of support if it appears that the change in circumstance is considered temporary.

For example, there is case law that states that a 20-month reduction in income only was temporary, therefore a reduction in child support was not warranted. Further, the family court generally will not modify a support order, including pausing arrears, even during a modification time.

Additionally, the court puts the burden on the person requesting a change to notify the court of any change which could impact support. As such, the court will not know you have lost your employment until you file your modification petition. Therefore, your arrears balance will continue to accrue at the current level unless and until a modification is filed and granted, and I would recommend you file to modify your support as soon as possible.

However, if payment will become an issue for you, I would suggest contacting the enforcement unit and advising them of the change in your circumstances. You need to see if they would stay an enforcement proceeding against you, until your employment and income return to pre-pandemic levels.

While arrears still will accrue on the original amount, if the enforcement department is willing to stay any enforcement proceedings, this should mitigate any other actions against you, such as lack of payment being reported to credit agencies or incarceration for lack of payment.

However, please note this completely is within the discretion of the court, so I cannot guarantee that enforcement will not be sought against you. Also, I would strongly suggest that if you are able, you continue to pay the alimony at the level awarded, so you ensure that no enforcement proceedings are initiated.

Another alternative is to attempt to privately negotiate a temporary reduction in your arrears. If you and the opposing party can come to a private agreement, a stipulation, preferably prepared by an attorney, can be submitted to the court encapsulated the terms of the temporary agreement. Any stipulation modifying support/suspending arrears must be filed with the court. Otherwise, the original support order will continue to be in full force and effect, and the court will not know that the terms have been modified.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce attorney Caroline Thompsoncontact Cordell & Cordell.

The post Can I pause child support arrears during the pandemic? appeared first on Dads Divorce.

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parental alienation

How do I deal with my child rejecting me?

It doesn’t make any sense, we used to be so close, what happened?

Children rejecting their parents goes against everything we know about attachment and parenting.  We are biologically programmed to NEED our parents for survival so when a child turns away from that, it’s a sign of deep emotional and psychological trauma.  

Having worked within Child Protection for many years, I have seen children who have been severely neglected by their parents (through substance misuse or mental health) cling to them like a lifeboat. That’s how parents feel to children.  In a scary world, their parents are (on a biological level) their protectors.

Sadly for many children the reality is that it is their parents who they cling to, who they see as their protector, who are really the ones who are putting them at risk.

But a child does not usually comprehend that.  In many cases they actually profess MORE love for the high risk parent because they need it more.  They have learnt that they need to work extra hard to get their needs met by that parent and so they do exactly that.  They become so eager to please that parent that they can be controlled and will surrender their own wants, needs, thoughts and feelings just so that they can get what they believe they need (attachment) from this parent.

Signs of an insecure ambivalent attachment:

A child’s anxiety and uncertainty are evident as when the incident becomes very upset at separation from the caregiver and both resists and seeks contact at reunion

parental alienation

So what happens when a child completely rejects a parent?

 

At the core of the rejection is the complete suppression of the child’s attachment bonding motivations towards you, a healthy and available parent. This occurs when the child is put in a loyalty conflict position where they have to align with the higher risk parent in order to retain a relationship with them. This is induced with subtle and covert behavioural manipulations.  The essence of which is a clear message to the child – “it is not safe to love this parent, I am the only parent who can love and protect you, if you show any affection for that parent you will not receive love from me”.

 

It’s important for you to understand this process as it will help you with dealing with the rejection.  It shows that you have done nothing wrong.  That your child is under enormous pressure and has no choice but to reject you.  

 

At this point many parents will realise the abusive nature of the behaviour of the other parent and go to Family Court to ensure they remain an active part in their child’s life.  Whilst I appreciate there is little option but to do this, I do feel it is important that you face the rejection and the emotions that brings up first so that you can present the as the healthy, available parent your child needs and remembers.

5 Stages of



  • Shattering – you are in shock, panic and bereft of life’s worth and meaning. Suicidal feelings are normal. You may also begin to feel old feelings of helplessness and dependency


  • Withdrawal – this is an addiction response where you crave the child, feel physical symptoms of withdrawal (unable to sleep, weight loss, anxiety and fatigue (physical and emotional)


  • Internalising – your self esteem suffers real damage, you begin to supress your anger and turn it on yourself or others (The Spring Effect). You may be pre-occupied with feelings of regret and play over in your mind what you might have done differently


  • Rage – as the anger begins to surface it can be used either positively or negatively (positive – regain self esteem and find a way forward/negatively – develop agitated depression and take your anger out on others who you feel responsible for making this better)


  • Lifting – the range has brought your emotions out and that can begin the process of feeling “normal” again. You are able to feel more positive about the sitation and feel stronger and hopeful

Whereever you are at in the process now, know that your feelings are normal and that you will move onto the next stage when you are ready.  



  • Do be kind to yourself


  • Do surround yourself with people who love you unconditionally


  • Do get professional support if you get stuck at any stage



  • Don’t blame yourself


  • Don’t underestimate the emotional toll this is taking


  • Don’t feel ashamed of what has happened (shame keeps you stuck)

Dealing With Anxiety

Part of our series of Free Webinars on Surviving Parental Alienation

The post How do I deal with my child rejecting me? appeared first on The Nurturing Coach.

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Can Child Support and Spousal Support be Changed After a Divorce is Final?

Can Child Support and Spousal Support be Changed After a Divorce is Final?

It’s a good idea to check with your lawyer every few years and ask the attorney to investigate the possibility of a modification in child support or maintenance.  

The post Can Child Support and Spousal Support be Changed After a Divorce is Final? appeared first on Divorce Magazine.

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Child Court Order – What Is It And Do I Need One?

Child Court Order – What Is It And Do I Need One?

So your ex has stopped you from seeing the children or is making decisions which you disagree with.  They refuse to communicate and so you have no choice but to seek legal advice and apply for a court order.

What is it?

Firstly, we need to take a step back.  In the UK, applications for care orders will not been heard unless mediation has been attempted.  It is a legal requirement, the aim of which was to reduce the volume of applications going to court.  Sadly, if you are dealing with a hostile ex mediation will not work.  Mainly because (much like co-parenting) it requires them to cooperate and negotiate.  Narcissists don’t negotiate.  They have a “my way or no way” attitude and so invariably you will have your C100 signed off giving you permission to apply to the court.

 

Child court order (or Child Arrangement Orders) have replaced residency and contact orders.  They decide:

  • where your child lives
  • when your child spends time with each parent
  • when and what other types of contact take place (phone calls, for example)

As long as you have PR, you can apply for a CAO.  In order to apply you must follow these steps to apply for a court order.

  1. Read guidance CB001 on making an application.
  2. Fill in the C100 court form. You must show you’ve attended a meeting about mediation first – except in certain cases (there’s been domestic abuse, for example).
  3. Send the original form and 3 copies of it to the nearest court that deals with cases involving children.

 

It costs £215 to apply for a court order. After you apply for a court order, the court will arrange a ‘directions hearing’ with both parents if you apply for a court order (known as a First Hearing Dispute Resolution Appointment or FHDRA)

child court order

Cafcass

Children and Families Court Advisory and Support Services

There will usually be a family court adviser from the Children and Family Court Advisory and Support Service (Cafcass) at the hearing. Before the first hearing Cafcass will do

 

  • Safeguarding checks: they carry out checks with the police and the local authority to find out whether there are any known safety or welfare risks to your children.
  • Telephone interview: In most cases, they will phone you and the other party to find out if either of you have any concerns about the safety and welfare of your children. You are unlikely to have a home visit before the first hearing. Only people who are parties to the case will be interviewed.
  • Safeguarding letter: At least three days before the first hearing Cafcass will provide the court with a short report on the outcomes of the safeguarding checks and any child welfare issues raised in the telephone interviews with you and the other party.

At the hearing, a judge or magistrate will try to work out:

  • what you can agree
  • what you cannot agree
  • if your child is at risk in any way

They’ll encourage you to reach an agreement if it’s in the child’s best interests. If you can, and there are no concerns about the child’s welfare, the judge or magistrate can end the process.

 

The court will make a consent order which sets out what you’ve agreed, if necessary.

 

If you cannot agree at the first court hearing the judge or magistrate will set a timetable for what happens next.

 

They may ask you to try again to reach an agreement, for example by going to a meeting with a mediator.

 

You may have to go on a course if your case is about child arrangements. The course is called a ‘Separated Parents Information Programme’, and could help you find a way to make child arrangements work.

 

The court can ask Cafcass to provide a report on your case to help decide what’s best for the child (known as a section 7). The Cafcass officer may ask your child about their feelings. You’ll get a copy of the report when it’s written.

 

The judge or magistrate will consider:

  • child’s wishes and feelings
  • child’s physical, emotional and educational needs
  • effect any changes may have on the child
  • child’s age, gender, characteristics and background
  • possible risk of harm to the child
  • ability of parents to meet the child’s needs
  • orders the court has the power to make

 

A judge or magistrate will only make an order if they think it’s in the child’s best interests. 

(from www.gov.uk)

Do you

If your ex is stopping you from seeing the children or making co-parenting extremely difficult, then yes, you need one.  

  1. Your ex will not negotiate with you at all and so it is your own real way of being part of the decision making process with regards to your children
  2. Any parent who tries to erase a parent out of their child’s life needs to be held to account.  Mild cases will usually be resolved through the “Separated Parents Information Programme” but moderate to severe cases often involve a parent with mental health issues which will need to be managed.  If their behaviour is allowed to continue, you can find yourself completely alienated from your own children.

Is it worth it?

I wanted to add this section because although it is absolutely necessary and your only real option at this moment in time, I do feel you need to be aware of the realities of going to Family Court.  

 

With certain personality types, they will see the court process as an opportunity for them to not only bleed you dry, but also to play the hero and victim in one go.  They will present as a victim of your treatment (abuse claims are common) and the hero for trying to keep the children safe.  They will rope in the children to deliver this powerful and damning report which is incredibly harmful to the children.  In any other circumstance I would also argue for keeping children and families out of court.  However, if you don’t go to court you are not only kissing goodbye to a relationship with your children but also ensuring only one side of the situation is ever heard.  By fighting through court (and unfortunately it is a battle) you are showing the children in the only way possible, that you want them in your life.  

 

One other point is that even with a CAO, if your ex is determined, they will do everything they can to breach it and not comply.  They will make continued false allegations to delay the process and they will induce behaviours in the children which make them believe you are dangerous and so they should stay away from you.  Sadly, the court doesn’t have a robust system for dealing with this and so breached go unpunished and Fact Finding Hearings delay contact for months at a time.  

 

I realise this is a bleak picture but parental alienation (the psychological manipulation of a child to reject their loving parent) is a very real issue in the court process and one which you need to be aware of.  Hopefully your ex is not severe but if you check multiple items on the list below, you are likely to be dealing with a personality disordered individual and need help FAST. 

Your Best Weapon Yet

Everything you need to know about parental alienation

The post Child Court Order – What Is It And Do I Need One? appeared first on The Nurturing Coach.

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How Do I Parent My Alienated Child?

How Do I Parent My Alienated Child?

I work with so many parents who are attempting to co-parent (I use that term loosely as the reality is that it is about as far away from “co” as you can get) with an ex who wants to punish and erase them.  One thing that comes up time and time again is “how do I parent them?”.  The whole process has robbed you of your real parenting role.  You have been, at best, demoted to the safeguarder of your children but at worst you are now nothing more than the person your children view as the enemy and who they are “forced to see”.  

 

Parenting, whilst being hard work, should be fun and full of shared moments, love and laughter. It’s the day to day stuff, being involved in their lives and knowing who they are – that’s what being a parent is all about.  When you are dealing with alienation, those moments are few and far between and so you aren’t really sure where you stand as a “parent” any more.  

alienated parent

Why it is so

Targeted parents are continually having their time and relationship meddled with and subverted by the alienating parent, which can make it hard to parent at all. Visits are cancelled at the last moment, plans are changed and the alienating parent (AP) bribes the children with gifts or unique opportunities just as they are supposed to be going to the TP.  

 

Children are also used by the AP to create anxiety and conflict for the TP.  They will send the child back to the TP with lots of accusations which the TP has to navigate.  Children should never be involved in adult issues because they internalise the situation far too much.  Being asked to choose where they want to live or what they want to do means they have to reject and hurt the other parent, which they internalise and feel shame and guilt.  Even if they don’t show it, it will rear its head in self-sabotaging and harmful behaviours..

 

Alienated children are not always the easiest to parent due to some of the learnt and induced behaviour they exhibit.  They can like they believe they are superior to you, treat you like you are an idiot, insult you to your face and be outright disrespectful.  When you try to instil boundaries or use discipline, they of course claim you are being abusive and go running back to the alienating parent to share their tales of your disgusting treatment of them, which the AP loves and rewards them for.  

 

What makes it doubly hard is when you have a great time and you see the “real” them, having fun, sharing cuddles and allowing themselves to be loved by you.  Although at that moment this is wonderful, a few hours later when the AP calls to say they don’t want to see you or the social worker report states the children have no good memories of you it feels like a tremendous punch to your heart.  At this point, you feel the pain of their abuse and for a parent, that is probably one of the worst things you can experience.

 

The most obvious difficulty though is when you don’t see them any more.  When the alienation is so severe that they appear to reject you themselves.

How Do I Parent Through This?

Firstly, deal with your own emotions around the grief and loss, sadness and anger you are feeling.  Under normal circumstances, we parent better when we are at our best (not that we can be that all the time, but it is the “norm” we aim for).  When we feel sad and angry, it’s harder to be fun and lighthearted and in the moment.  Although we may be able to “fake it” for a while, children are like little sponges and they feel our energy.  So they respond to us where we are whether we like it or not.  You know this is true because of those times when you have felt stressed after work and come home, tried to pull yourself out of it and sure enough the kids start acting up!  They responded to your energy.  So being more aware and in control of your emotions can help you to deal with the turbulent nature of parenting an alienated child.

 

I recommend looking at positive parenting courses or activities which encourage you to engage your children in the disciplinary process at home.  This can be reward charts, behaviour contracts or family rules.  These methods serve to bypass the “controlling” narrative being spouted by the AP by asking the children to be a part of the process.  They also promote respect for everyone.  Your child has been taught to be disrespectful so it is important to counteract that by teaching them to be respectful and to model respectful behaviour.  It also teaches them about consequences for their actions and being responsible for their behaviour which in turn can, on a subconscious level, help them to begin to process and unpick the manipulation.  Finally they teach them an appropriate level of independence and self-regulation.  An AP does not want them to be independent because they need to be able to control them and they demand their children to regulate THEM (the AP).  These activities will again, gently unpick at those false narratives and the psychological manipulation.

 

It is important to remember that your child is a victim too.  They are akin to a soldier in war.  They didn’t start the war and aren’t really sure why they have to fight, they just do as the authority tells them to do with a subtle threat to comply.  Always listen to what your child is REALLY wanting from you.  An accusation could be a cry for reassurance for example. 

 

Finally, consider redefining what the term “parent” means.  It has lots of different connotations.  A parent is biological at the very basic level.  It can also mean caregiver.  What about unconditional love giver?  Guardian?  Constant supportive influence?  When I lost my dad, he didn’t stop being my parent.  Whilst I appreciate a lot of what you hoped being a parent would be has changed dramatically, there is also so much that hasn’t, and never can change.  Take some time to really focus on those things.  It doesn’t take away the pain but it does create a sense of connectedness that no matter what your ex does, they can never destroy.

I hope that these suggestions help you in some way.  I am under no illusion that this is living grief for so many of you but I always offer hope that you can find moments of peace and maybe as you string those moments together for longer, life begins to find new meaning.

 

Do take care and reach out if you need support.

 

NB: I am aware that parental alienation can be perpetrated by and to step-parents, grandparents, aunties, uncles, new partners and others but for the purpose of this post, I have assumed the TP and AP are the biological parents. 

The post How Do I Parent My Alienated Child? appeared first on The Nurturing Coach.

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move away with the child after divorce: mother and daughters surrounded by moving boxes

What Happens When a Parent Wants to Move Away With The Child After Divorce?

move away with the child after divorce: mother and daughters surrounded by moving boxes

 

Sharing custody of a child can be a difficult endeavor, even in the best of circumstances. However, things get more complicated when one parent wants to move somewhere far away from the family’s current area. Such a move can mean personal and financial growth for the moving parent, but it can cause issues with the other parent and the child custody agreement.

When a Parent Wants to Move Away With The Child After Divorce

Moving far enough away to create issues with the child custody arrangement is considered a “material change in circumstances.” This term means that the parents must either come to an agreement about the new situation or revisit the custody agreement in court. Either way, parents on either side of the equation can feel uncertain and nervous. That’s why it’s essential to understand how Canadian law addresses these issues.

Do I Get Custody Access if the Other Parent Moves?

When a parent wishes to move away with the child, it does not immediately or automatically change the custody agreement. Instead, parents must follow what their agreements say about material changes in circumstances. In most cases, parents have to either come to a new agreement together or go to the courts to settle the issue. This can play out in many ways, depending on the facts of the case.

If the primary caregiver tries to move away with the child, there are three possible outcomes:

  1. The judge and/or other parent allows both the child and parent to move
  2. A judge determines that the child must stay in the local area, but the parent moves anyway without the child
  3. A judge rules that the child must stay local, so neither parent moves

In the first scenario, the parent and child move, but the judge makes a new custody agreement for the parents. The other parent may get to see the child often but for longer stretches of time. For example, a father may go from seeing the child every-other-weekend to having custody over long school breaks and a few weeks in the summer.

The second scenario may cause the biggest change in custody. If a judge determines that it is not in the best interest of the child to move, but the parent wishes to leave anyway, the other parent may get primary custody. For example, if a mother has custody and wants to leave the state, but the father takes the case to court. If the court rules that the child must stay nearby and the mother decides to leave anyway, the father will get primary custody. The mother may then see the child during long school breaks.

Of course, many parents would rather stay in place than move away without their children. If a judge rules that the child must stay, then both parents can decide to stay as well. In this case, the custody agreement would likely remain similar to what it was before anyone considered moving.

How to Modify Custody Access Location

If you want to move away and take your child with you, you must first notify the other parent in writing. If the other parent agrees, you can modify the custody access location and move without issue. However, the other parent is likely to try to stop the move from happening. In this case, you will need to take the case in front of a judge, preferably with the help of an Ontario child custody lawyer.

Both parties in these cases have to prove why they have the best interest of the child in mind. If you are the person trying to move, you need to show the court all of the following:

  • The move is well-planned with the child’s well-being in mind
  • You are not moving simply to get the other parent away from the child
  • If the child is old enough to have an opinion, he or she wants to move or is not actively against it
  • The child can remain close to both parents
  • The child will be safe and cared for in the new location

If you can prove all of these things, the judge will consider allowing the child to move. However, the other parent will try to prove the exact opposite. For example, the other parent may talk about the loss of connection to the community, the high crime rates in the new location, or the lack of support the family will have in the new location.

If you are allowed to move, it’s important to remember that you will still have to make the children available for visits according to the new custody order. Depending on the judge’s ruling, you may be responsible for some of the costs of children traveling to see the other parent.

Hire a Child Custody Lawyer

Relocation cases like this can be complicated and difficult with incredibly high stakes. The outcome of these cases can change a family forever in many ways. That’s why it’s essential to have experienced, knowledgable lawyers on your side.  By hiring a child custody lawyer, you may benefit from their knowledge and they can thoroughly walk you through the difficult process of child custody and relocation.

The post What Happens When a Parent Wants to Move Away With The Child After Divorce? appeared first on Divorced Moms.

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Can a Texas family court reduce an above guidelines child support obligation in an out-of-state Order?

Can a Texas family court reduce an above guidelines child support obligation in an out-of-state Order?

Originally published by The Law Office of Bryan Fagan, PLLC Blog.

One of the cool parts of being a family law attorney with the Law Office of Bryan Fagan is that there is never a dull moment. There are always unique people with unique circumstances who walk through our door with questions about their lives and their families.

Like Texas, many other states lay out a specific percentage of a non-custodial parent’s income to pay in child support to the custodial parent. Texas has it that for one child, a non-custodial parent should pay 20% of their net monthly resources towards the support of that child. For two children, 25% would go towards child support. The percentages increase by increments of 5% until you reach five or more kids topping out at 40%. In this way, courts have a straightforward mechanism to be put into action for determining child support in most cases. It has become so predictable that the guideline levels of support will be implemented that most attorneys and clients don’t bat an eye when the issue of paying guideline support is raised.

Recently, a potential client presented a scenario where he and his wife were divorced in a state other than Texas, and after the divorce the man’s ex-wife and children had moved to Texas. The state that the children and ex-wife had previously lived in was a higher than average cost of living state and our potential client was ordered to pay child support that is above and beyond the “guideline” levels of support for that state.

Our potential client was thus left with a child support order that obligated him to pay an amount of child support that was above and beyond what is proscribed in the family code of his native state. When a judge decides regarding any subject that is related to a child, he or she must do so based on what is in the best interests of that child. This is a standard that most every state utilizes when applying the law towards the specific circumstances of a child and their family.

Based on the needs of that child, their current circumstances, the ability of their parents to provide the necessities of life and any medical/social/educational needs of that child, an amount of child support will be ordered. Whether the parties to the divorce agreed in mediation to that level of child support or a judge ordered that the amount be paid after a trial, the fact is that the current child support order for this man obligates him to pay an above guidelines level of support.

Where does the Law Office of Bryan Fagan come into play?

Here is where our office becomes relevant to the discussion. This gentleman contacted us about representing him in a child support modification case. His thoughts on the matter center around the reduced level of expenses that his ex-wife is responsible for now that his children live in the Great State of Texas. Having moved from another state whose cost of living is much higher than Texas, our potential client wanted to see what a judge would consider as far as reducing the above guidelines level of child support. Is there a basis in prior court cases to argue that an out of state child support order can be modified to see a reduction in the child support obligation based on circumstances like this?

Today’s blog post from the Law Office of Bryan Fagan will seek to answer that question. As I see it, there are two parts to this discussion that we have to tackle. The first is whether or not a Texas Court has the jurisdiction to modify an out of state child support order. The second is what basis in the law would a family court judge have to reduce the above guidelines level of child support when there has been a change in the cost of living associated with raising children.

When does a Texas court gain the jurisdiction to modify an out of state child support order?

There are a couple of ways that a child support order that comes from a court outside of Texas could be modified, potentially, by a Texas family court. The Texas Family Code states in section 159.613 that if both the child support obligor (parent who pays child support) and the oblige (parent who receives child support payments) and the child all reside in Texas then our state has attained jurisdiction over the case and may modify and/or enforce the out of state order.

Likewise, when only one party (parent) live in Texas, then a modification is possible even if both parents do not reside in Texas. This occurs when the parent bringing the modification cases (in our above scenario, the father) is not a resident of Texas and the responding party (the mother in our example) lives in Texas and is subject to personal jurisdiction in Texas. Here, too, a Texas family court would have jurisdiction over the case.

What have Texas courts stated about subject matter like this?

So now we at least have a basic understanding of how a Texas court gains the ability to make rulings regarding an order issued by an out of state court. The jurisdiction to do so is critically important. You may be in a situation like our potential client- having seen a change in circumstances that have materially affected your family since the issuing of that order. Thus, some portion of your prior order is no longer suitable for you or your children. However, if you cannot successfully argue to a Texas court that jurisdiction is proper in Texas you will not be able to make an argument about any of the facts and circumstances that justify a modification.

A fairly recent Texas state appellate court decision would further assist us in our discussion. In re Dennis J. Martinez, 450 S.W.3d 157 (2014) contains within it a good discussion of the relevant law regarding how and when an out of state court can lose jurisdiction over a case and its parties.

This court notes that in section 159.205 of the Texas Family Code, our state law provides only two ways in which a court may lose jurisdiction over a case and its parties about a family law matter. First, the obligor, the oblige, and the child would have to all move out of the state that issued the order (as we discussed previously). Another and less likely scenario would be that all individuals file written consents in Texas allowing a Texas court to assume jurisdiction and modify the other state’s order.

As noted above, the circumstances under which a court may modify a support decree from another state are found in section 159.611 of the Family Code. SeeTEX. FAM.CODE ANN. § 159.611. A modification is permitted by the non-rendering state under the circumstances outlined in section 159.611 because under such circumstances the rendering state no longer has a sufficient interest in the modification of its order.

If you are facing a situation like a gentleman who contacted us about potentially representing him in a child support modification case here in Texas, you need to consider whether or not a Texas court will even be able to hear your arguments and potentially grant you whatever relief you are requesting. Keep in mind that if you cannot clear this jurisdictional hurdle you won’t even get the opportunity to submit any of your arguments to the court as to why your child support order needs to be modified.

Can a Texas court grant a reduction in the child support obligation of a parent under an out of state order?

Here is the question that our potential client is interested in knowing the answer to. He wanted to find out what facts and circumstances would need to be in play that could lead to a court in Texas reducing his above guidelines level of child support that he is currently obligated to pay.

A modification of a child support order is warranted when the petitioning party (the person asking for the modification) can provide evidence showing a material and substantial change in the circumstances of one of the parties to the order or a child of the order. As the court in Tucker v. Tucker, 908 S.W.2d 530 (1995), notes, there is an inherent fact-finding nature of child support issues and the cases that are made up of those issues.

The high court in Texas was stating what every family law attorney worth his salt could tell you: that family law cases are extremely fact-specific. If you would like to modify a child support order then you will need to present facts clearly and concisely to the court. This means that your initial petition to the court and in your oral arguments inside of a modification hearing need to display the requisite level of material and substantial change needed to grant the modification.

Cost in living expenses has been a factor alleged by prior parties seeking child support modifications

Part of the analysis that your court will look at when considering whether or not to grant a child support modification is the expenses incurred by the custodial parent who is raising the children on a day to day basis. Remember- our potential client would like to make an argument that because his ex-wife and kids now live in Texas, with its lower cost of living than their native state, is no longer in need of a child support payment that is above the guidelines of his home state.

Costs associated with special education for your child, school tuition and things of this nature are relevant to our discussion. A court would look to the expenses of your ex-spouse to determine whether there is sufficient evidence in the record to compare the expenses of her and your children at the time that the original child support order was issued and what the expenses are now. This means that you will need to do some digging to produce this kind of evidence, especially if the child support order is from a decade ago.

In the case, In the Interest of C.C.J. and C.M.J, Minor Children, 244 S.W.3d 911 (2008), the court went over a good analysis when that has to be shown to a court to justify a modification:

To determine whether there has been a material and substantial change in circumstances, the trial court must examine and compare the circumstances of the parents and any minor children at the time of the initial order with the circumstances existing at the time modification is sought. London v. London, 192 S.W.3d at 15. 

In that case, the parent who was attempting to modify the prior court order was the mother. She was arguing for an increase in the level of child support based on a material and substantial change in the circumstances of her and her children. Her expenses, she attempted to argue, had increased dramatically in recent years, while the income of her ex-husband had increased. The evidence she presented, the court determined was insufficient to justify an increase in child support. Here is what the appellate court determined:

Here, without both historical and current evidence of the financial circumstances of Mother and the children, the trial court had nothing to compare. See id. Because there is no evidence in the record of the financial circumstances of Mother or the children at the time of the entry of the divorce decree, we conclude the trial court’s finding of “a substantial and material change of circumstances since the rendition of the prior order” is not supported by the record. Accordingly, we conclude the trial court abused its discretion in increasing Father’s monthly child support obligation.

What does the Texas Family Code have to say about a decrease in the needs of a child about child support?

The Texas Family Code states that an increase in the needs, the standard of living, or lifestyle of the oblige since the rendition of the existing order does not warrant an increase in the obligor’s child support obligation. Texas Family Code section 156.405. I would also argue that the opposite could also be potentially held by a Texas court. Specifically that an argument that a decrease in the needs, the standard of living or lifestyle of the custodial parent is not necessarily a reason in and of itself to modify a child support obligation.

A Texas case that is important for our purposes is In the Interest of J.A.H. and M.K.H, Children, 311 S.W.3d 536 (2009). Here, as in the prior case we discussed, a mother was attempting to argue that an increase in her expenses due to a change in the cost of living after a move justified an increase in the child support obligation of her ex-husband. What the court found, in this case, was that all of the evidence submitted by the mother tended to show that there had been a change in her circumstances rather than a change in a substantial change in the circumstances of her children.

The court argued that simply showing a change in lifestyle and not a material or substantial change in circumstances of the children does not in and of itself justify a modification of the child support order. If you attempt to argue that because your ex-spouse’s mortgage payment has decreased or that their utility bills are lower and that justifies a decrease in the child support obligation, then this case should give you pause.

How are the needs of your child taken into account by a court?

Specifically, to justify an award of child support above the guidelines outlined in the Texas Family Code, your ex-spouse must show that there would be needs of your child that would be unmet but for the higher than guidelines level of support. Rodriguez v. Rodriguez, 860 S.W.2d 414, 417 (Tex. 1993). Note that the needs of your child are not the bare necessities of life, either. Each court will decide as to what the needs of your child are. Like we mentioned earlier in this blog post, the facts of your case will guide the judge in large part.

The bottom line: if you wish to modify a child support order come with plenty of evidence

Whether yours is an out of state child support order or an order that originates in Texas, you need to come to court with plenty of evidence that justifies the modification request A family court judge has the authority to reduce a level of child support that is currently set above the guidelines of your home state, but to earn that decrease in the support obligation you have to submit sufficient proof showing a change in the conditions of your spouse, your children or you. A material and substantial change regarding the cost of living is a trickier argument to make than one based on a change in your income or an increase (or decrease) in the educational or medical needs of your child.

Please consider contacting the Law Office of Bryan Fagan if you have questions about today’s material. Our licensed family law attorneys offer free of charge consultations six days a week where we can answer your questions in a comfortable and pressure free environment.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast

DadsDivorce sponsor, Cordell & Cordell, is producing a podcast series examining how the Coronavirus pandemic is affecting specific family law issues.

Each week, the firm is hosting a free weekly webinar about COVID-19 and divorce. In the podcast, Cordell & Cordell divorce attorneys dive deeper into one of the specific topics covered in the webinar.

In the latest episode, Cordell & Cordell CEO Scott Trout and divorce attorney Will Halaz III examine how child support and alimony payments might be affected by the pandemic.

Across the country, employees are being laid off and furloughed as businesses take hits due to stay-at-home and quarantine orders. What happens if you face a sudden dramatic change in your income or employment status but are still facing monthly child support or alimony payments?

Mr. Trout and Mr. Halaz discuss this topic and more in the latest episode.

Click the link below to listen to the full episode. Also make sure to subscribe to the podcast on iTunes or whichever podcast app you prefer.

The post COVID-19’s Effect on Child Support and Alimony Payments – Men’s Divorce Podcast appeared first on Dads Divorce.

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co-parenting during COVID-19

Coronavirus and child custody: Co-parenting during the pandemic

co-parenting during COVID-19

As a parent, you want to spend as much time with your children as humanly possible. You want to watch them learn and grow, as the years pass. Even after a divorce, you still are able to enjoy precious moments with them during your parenting time.

However, with the Coronavirus Disease (COVID-19) pandemic that has swept the country, your parenting time may become part of the uncertainty.

While you want to maintain the World Health Organization recommendations regarding social distancing, hygiene, and sanitation, you still should be able to observe regular parenting time during this difficult time. However, your co-parent may be making that more difficult.

From a safety standpoint, it is understandable that your
co-parent is concerned over the prospect that your shared children may catch
the virus, or that you may while they are in your care. Additionally, many
areas of the country have shelter-in-place orders that prevent unnecessary
travel.

However, that does not extend to child custody drop-offs or
pick-ups.

Issues with shelter-in-place
and custody travel

According to Cordell & Cordell family law attorney Charles Hatley, residents are required to stay indoors except to perform certain necessary activities. These activities include buying food, seeking medical treatment, banking, and laundromat services. This also includes any travel necessary to enforce a court order and for purposes of caring for a child or family member.

Therefore, the shelter-in-place orders, or stay-at-home
orders, do not impact your right to parenting time, whether there is actually a
custody and parenting time order. However, that does not mean the other parent
will not misconstrue or try to abuse these orders in an attempt to block your
access to your child.

You may be like many parents during this coronavirus crisis who
are being forced to miss scheduled parenting time because of a co-parent who
feels honoring the court order is unsafe.

Facing parenting
time denial

During a recent webinar, Cordell & Cordell CEO, Executive/Managing Partner Scott Trout and Partner Dan Cuneo discussed how the coronavirus has been impacting regularly scheduled parenting time, and they spoke about the challenges that fathers have been facing as they deal with the ramifications of existing and legally-binding custody schedules no longer being upheld.

“If you are being denied time, there still may be remedies
available to you,” Mr. Cuneo said. “We want you to reach out and contact an
attorney and discuss what are your options, what do we need to do. It could
depend upon the jurisdiction that you’re in. There are essential remedies
available to you, and we want to make sure that you’re not being taken
advantage of and that you’re not sitting back and missing out on time.”

Additionally, this webinar detailed how this type of situation is being handled in several areas of the country. For example, in California, where the shelter-in-place order has been in effect since March 19, family courts are emphasizing the use of common sense, according to Cordell & Cordell Lead Litigator Jason Hopper.

“The standing order from almost all of our courts are that
the existing orders are to be followed,” Mr. Hopper said. “Parenting time and
is deemed essential travel. It’s not within the confines of the shelter in
place rules.”

Filing with family
court still possible

While there may be logistical issues involved in the family
court process during this shutdown associated with the coronavirus pandemic, you
and your family law attorney still are able to file in your state.

“In-person court is banned, so if you have a case, where you are supposed to be seeing your children and your ex-wife has cut you off, we can’t run full throttle into court to file anything and get in front of a judge immediately,” said Cordell & Cordell Litigation Partner Kristin Zurek. “But our courts are still open for filings, so it’s important to know that if something is going on and you want to bring it to the judge’s attention, go talk to your lawyer. You have the ability to upload pleadings to the court.”

While the court may be receiving filings, you may need more,
in order to incite action from the family courts under these circumstances. You
may need to illustrate that this is an emergency situation.

“The judge’s determination needs to be whether or not this
is an emergency that requires a phone conference or a video conference to deal
with it or if it’s something that’s going to have to wait until court reopens,”
Ms. Zurek said.

While the courts may find that the situation is not deemed
to be an emergency, it still is worthwhile to file, offering the court
documented evidence of how much you care about your children.

“It’s still important to get that on file as soon as possible, because you don’t want strategically, the court saying when court is back in session ‘Well, you must have not thought it was that important, because you didn’t file anything,’” said Cordell & Cordell Litigation Partner Kelly Burris. “It’s important to get things on file and see what options you have.”

Child support
challenges

Additionally, issues surrounding child support may arise
during the coronavirus pandemic that may require legal attention. Much of the
population is experiencing financial hardship, and many are expected to lose
their employment. If you do lose your job or find yourself with some sort of
wage reduction, how will you support your children and pay the court-ordered
child support during this challenging time?

“If you are facing a job loss or a wage reduction, one of
the first, most practical things you can do without involving an attorney is to
approach your employer and ask if they will be providing any qualified disaster
relief payments,” Mr. Hopper said. “Typically, when an employer provides any
type of compensation or benefit to an employee, that’s going to be a taxable
event. However, there are provisions within federal code and Internal Revenue
code, as well as in many states’ revenue codes that allow for employers to
provide to employees when there is a disaster declaration, like there is
currently nationwide, qualified disaster relief payments.”

While this may partially assist your financial situation,
you still must deal with the child support order itself. Given the
circumstance, seeking legal assistance may be the only way of navigating these
complex waters and avoiding the piling up of payments that you can no longer
afford.

“Consult with an attorney,” Mr. Hopper said. “You likely
have modification rights available to you.”

If you do not pursue modification, the child support
payments do not go away, just because you no longer have a job or because of
the coronavirus pandemic. You still can find yourself facing hefty child
support payments that if ignored, can become overwhelming, especially with your
children caught in the crossfires.

“You have to file your modification immediately,” said Cordell & Cordell Litigation Partner Rick Julius. “If things change and you don’t find it to be financially beneficial to you once the courts get open, you at least, have that decision down the road. Pennsylvania courts [Mr. Julius’ licensed state] are only going to go back as that modification filing date, in order to do that. It may end up that when it gets heard, that the financial situation has corrected itself and you may be entitled to retroactive modification of that time period.”

Parent, co-parent,
and monitor the situation

With all of the health and economic uncertainty caused by
the coronavirus pandemic, it is necessary for you to learn as much as possible
regarding your state’s family court system and how they handle emergency
situations. That way, if you find yourself facing unemployment with a large
monthly child support payment, or a co-parent who refuses to adhere to the
parenting time issued by the court, you know how to react.

It also is important to understand the perspective of your
children during this pandemic. They may be confused or scared, and as a parent,
it is necessary for you to take time for them, explaining to them the situation
in terms that they understand and monitor their wellness as much as possible.

If it is possible to remain amicable with your co-parent
during this time, do so. Communication and cooperation are necessary components
to co-parenting during normal situations, but with the coronavirus pandemic, it
becomes even more crucial that you put the needs of your children first, before
any animosity.

While this may be an instance of uncertainty, it is necessary for you to monitor the situation from a legal perspective and contact your family law attorney if you feel that changes need to be made.

Related coronavirus coverage:

Free Webinar: Can the Coronavirus Affect Custodial Rights? How Divorces and Parenting Time May Be Impacted

Can I make up lost parenting time due to the COVID-19 pandemic?

Does a Shelter-in-Place Order Limit my Right to Parenting Time?

The post Coronavirus and child custody: Co-parenting during the pandemic appeared first on Dads Divorce.

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Resources to Help Deal With Child Support After Divorce

Resources to Help Deal With Child Support After Divorce

Though you may be in need of financial support, it’s not always easy to understand the ins and outs of child support if you’ve never had to deal with it before.

The post Resources to Help Deal With Child Support After Divorce appeared first on Divorce Magazine.

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