Posts

Divorce Attorney Elise Mitchell's Private Files Document Blow Jobs to Judges

Dirty Divorce Lawyers Use Pandemic To Increase Profits

We want to hear from families involved in divorce, custody or domestic violence cases during the 2021 pandemic. Tell us about: 

  • Access to court hearings by phone, or Zoom
  • How judges behaved in a case. 
  • Complaints filed to the Commission on Judicial Performance, State Bar or local presiding judge. 
  • Outrageous court orders.
  • How the lawyers behaved. 
  • Court reporters.
  • Discovery 
  • Any depositions held during the 20-21 pandemic. 
  • Court filings when clerk offices were closed. 
  • Experts who are paid to testify in court. 
  • Taxes 
  • Child Support 
  • Language Barriers

If you have recordings or videos of lawyers , judges , or court appointed experts in your case, please end them along with a brief description as to what the recording shows. 

Tell us the county, and name the judges , lawyers and court appointed experts. Please limit other information , it will not be read. We will contact you if any of the above issues are addressed. 

If you have recorded supervised visitation centers, or reunification camps and therapists, or of an attorney engaging in abusive conduct, please let us know. 

Email: CalJohnQPublic @Gmail.com

Read More –>

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.

Read More –>

How Remarried Couples (and All Couples) Can Stay Together Amidst the Coronavirus Pandemic

How Remarried Couples (and All Couples) Can Stay Together Amidst the Coronavirus Pandemic

Even in the best of times, happiness in a second marriage can be difficult to sustain. However, fostering a safe space where you and your partner (and family members) can turn to each other for support, is key to helping you all weather the storm.

The post How Remarried Couples (and All Couples) Can Stay Together Amidst the Coronavirus Pandemic appeared first on Divorce Magazine.

Read More –>

Divorce Attorney Elise Mitchell's Private Files Document Blow Jobs to Judges

Divorce in a Global Pandemic- COVID-19 and Family Court

What to Do if you Are Divorcing During a Pandemic 

For the past five years this website has been run by an all volunteer team trying to bring attention to California’s family courts. Each month thousands of reporters, lawyers and divorcing spouses have come to this site trying to understand what has been happening in divorce courts across the country. 
 
Major news outlets regularly refuse to cover family court, but reporters including reporters from NPR, Center of Investigative Reporting, ABC, NBC and the San Francisco Chronicle have been reading this website for years. But few ever actually report what is happening inside these courtrooms. 

Covid-19 and the related global pandemic and economic crisis have created a crisis in homes in every neighborhood across the globe. Now family matters will be handled differently. 

For the past 30 years, lawyers and judges have acted to corrupt our courts. Lawyers in family court can appear before the same judge so often, it is impossible to not be corrupt. However, now that courthouses are closed, and law enforcement agencies appear ill- prepared to handle domestic violence. Divorcing children and their children are looking to websites such as these to navigate their deeply  emotional and financial matters. 

We are now going to use this platform to teach children about our family courts and the players behind them. If we can’t explain family court to a 5th grader sheltering in place in the middle of Silicon Valley, then we have failed. 

​In the spirit of  Judy Blume’s  best selling coming of age novel, Are you There God? , It’s me Margret, we are pleased to bring you this important information. The stories contained herein come directly from the Santa Clara, Monterey, Sacramento, and Contra Costa Family Court Files dating back to 1970.  

Warning: If you are an attorney, judge, lawyer, custody evaluator, court transcriptionist, baiiff or court staff member who did harm to families and children before this global pandemic, we are going to expose you here on this website in order to protect families and our legal system in the future. 

What if My Mom and Dad Didn’t Get Married? 

Marriages are different all over the world. Some people get married in the churches they have belonged to all of their lives, and some get married in a courthouse. Marriage is deeply personal and involves the culture, history and family of parents that happened long before they have a child. 

In California 40% of children have parents who never get  married. This can be for several reasons., In a global pandemic it can mean parents couldn’t get married because churches and courthouses were closed! Whatever the reason,  children of unwed parents are treated differently in California’s family courts. 

In California a mother presently have the full right to determine how her child’s birth certificate will be written and this can matter most if parents get into fights. A mother who is abused or hurt by her child’s father might decide not to put that father’s name on the birth certificate. If a father doesn’t know about his baby before it turns 2, California law says he is not the real dad. 

If the dad is on the birth certificate, he may never know he has children.  This is not much different than what we have seen during times of war. For soldiers assigned to Japan, Vietnam and Iraq, they have sometimes learned that they had babies they never knew about until those children were grown. 

Perhaps the best way to explain this best is to tell you the story about a little girl named Audrie. 

The Real Story of Audrie Lazarin Pott

Most little girls are given the last name of their father. When Audrie was born  on May 23, 1997 her mother decided to put a man, Larry Pott,  on Audrie’s birth certificate and Audrie went home to live with her mother, and Larry. 

A few months later, Audrie’s mother decided to take Audrie to live with her real father, Michael Lazarin. As Audrie grew, her father surrounded her with love. He played with her, and cared for her while Sheila was at work. Her grandparents were sad they had missed their granddaughter being born, but they loved her so much, they forgot they had missed any time with her. Audrie loved them too. She loved visiting Arizona and eating food that was different than the food her mom made. When they went on trips, her grandma and grandpa loved to come too. 

Audrie’s mom worked a lot. She had fancy clothes and shoes and loved to go shopping. Sheila Pott was very important at work. She made lots of money and had lots of houses. Audrie liked the house her dad had best, and that was near the Rose Garden in San Jose, California. In the Rose garden her dad played with her and gave her all of his attention. Her mom was so busy with her important work, but her dad  made up for it and was always there. He made her laugh, and she made him laugh too. She remembered her dad always watching over her. Always smiling and always happy. The sounds in Aurie’s house were always happy. Her mom was always working. Aurie’s mom was always shopping. She was always busy, 

The Year Christmas Died

Aurdrie loved that she looked like her dad. She could see his soul smiling back at her each time she looked in his eyes. She could feel his love always staring back at her. Everything she did with her dad felt happy, safe and comfortable. 

When Audrie was 7, she and her dad were decorating the Christmas tree. The lights sparkled the way  her dad’s eyes did when he looked at her. Each ornament carried a special memory and was carefully placed on the tree. Audrie knew their were presents and she couldn’t wait for Santa to come. She and her papa laughed and sang songs as they hung each ornament to make the most beautiful tree Audrie would ever see. 
Before they were done Audrie’s mom came home. She was with another man and wanted to talk to her papa alone. After the talk Audrie had to go with the man and her mom. They drove to their other house and as they did, colorful lights dotted every house. Audrie missed her dad. ” Is Papa coming in a different car? , she asked her mom. 
” No” said Shelia. ” 
Audrie’s room felt cold that night. She missed her Papa’s eyes. Her mom came in before sh fell asleep, but not to read Audrie a story as Papa would do, no Audrie’s mom came in and told Audrie that her Papa was not her real dad and she would not be going home. 

Audrie screamed and cried for her Papa. but he did not come.  In the morning, Audrie’s mom told her that her grandparents weren’t her real parents. In the morning Audrie’s mom went to work and Audrie went to school. All day Audrie thought about her Papa. She knew he would pick her up at the end of the day. But he never did. 

To Be Continued. . . . . . . . . . .

Read More –>

custody during coronavirus: Sad woman doctor leaning against a wall

Mom Loses Custody During Coronavirus Pandemic 

custody during coronavirus: Sad woman doctor leaning against a wall

 

Coronavirus is presenting a new set of challenges to parents who are frontline healthcare workers, and a recent court ruling in Miami has caused one mom in particular to lose custody of her four-year-old daughter due to her job as an emergency room doctor.

Mom Loses Custody During Coronavirus Pandemic

The doctor, Theresa Greene, previously shared custody with her ex husband, Eric Greene, for two years.

“I think it’s not fair, it’s cruel to ask me to choose between my child and the oath I took as a physician,” Greene told CNN. “I won’t abandon my team at work or the patients who will increasingly look to me to save their lives in the coming weeks, but it’s torture.”

The judge responsible for the ruling, Judge Bernard Shapiro of the Eleventh Judicial Circuit of Florida, states that it is in the child’s best interests to stay with the father to reduce the risk of exposure to the virus:

“The Court finds in order to insure and protect the best interests and health of the minor child, this Order must be entered on a temporary basis,” the ruling states.

How Will Custody During Coronavirus Affect Other Workers?

While some frontline healthcare workers like Greene have to face new challenges brought on by child custody issues, she states that employees in other fields aren’t facing the same fate:

“My brother works as an engineer, and he’s building the tent hospitals up in New York. He gets to come home to his two kids. No one is questioning that decision,” Greene told CNN.

Greene says that she has been wearing full PPE (personal protective equipment) while treating her patients, and states that healthcare workers who take the proper precautions are not at risk of spreading the virus.

“If I was married I’d be given the opportunity to go home to my child, no one could tell me I shouldn’t do that,” Greene says.

Custody Issues During COVID-19

COVID-19 has led to increased issues related to child custody, including refusal of visitation orders, changes to custody orders, and temporary rulings. As new stay-at-home orders and lockdown procedures are set in place, many parents fear that their custody agreements may be affected.

Child custody is determined by a number of factors – the child’s best interest being the most paramount. That being said, child custody orders don’t take the events that occur during a global pandemic into account. 

Parents and family law professionals alike are entering uncharted territory when it comes to child custody and visitation agreements.

Greene is appealing the order and will be eligible for future make-up time-sharing as well as video calls every day, but the question remains: when will she be able to see her daughter again? 

As a mom, do you agree with a custody agreement being modified to protect a child from exposure to coronavirus? What would you do if you lost custody of your child because of your job? 

If you’re a mom going through custody issues or trying to co-parent during these difficult times, there are resources you can seek. Although family courts are closed, check your court’s local website or consult with a family lawyer to find out what your options are. For more information on COVID-19 and divorce, click here.

The post Mom Loses Custody During Coronavirus Pandemic  appeared first on Divorced Moms.

Read More –>

Co-Parenting: Time to Mutually Agree to Save and Protect Your Children During Coronavirus Pandemic

Co-Parenting: Time to Mutually Agree to Save and Protect Your Children During Coronavirus Pandemic

Originally published by Nacol Law Firm.

Dealing with a worldwide medical pandemic and personally trying to stay alive and healthy is mentally changeling, but for parents who are divorced or have separate custody agreements and co- parent, it can be a disaster for the entire family. Hopefully, this Coronavirus Pandemic will be a short-lived life-threatening situation, but how the Co-parents cope with the problem could deeply impact their children’s emotional life.

In Texas, on March 13, 2020, the Texas Supreme Court issued an emergency order that divorced /single parents should go by the originally published school and visitation schedule in their current decree.  Since the last life-threatening pandemic in the United State was the Spanish Flu Pandemic of 1918, most divorce/ single parent agreements do not include a pandemic clause!

Do not be one of those parents who decides that they “are the decision maker” and drives away with the kids for an extended vacation to Grandma’s in Florida without telling the other parent. Or deciding that the family circle of trust does not include their Other Parent and refuses visitation or joint decision making.  These hasty, irrational decisions may seem reasonable in this time of national panic but consider the legal ramifications of violating an order.  Since all courts, in Texas, are now closed except for emergency litigation matters only, when the courts are fully operational again and the medical danger has passed, how will a violation of your current decree look to the Judge?  Judges always look to the needs of the child versus the unreasonable expectations of the parent. There will be serious ramifications against the violating parent.

Let’s look at some ideas on how co-parenting during this pandemic season can work the best for all family members and by joint agreement will save your both money that would normally go to legal fees.

Just remember that as co-parents your children are most important.  Your child has been told that they can’t see their grandparents because of their age and if infected by the coronavirus, may die. No school, no playing of sports, or playing with friends since they may be infected with a deadly virus and become very ill. Decide to cooperate as responsible co-parents to navigate the child to the new changes in their daily routines without a lot of stress and anxiety on the child.  By keeping the child calm and showing “a united family circle” the child will know that Mom and Dad are there for him/her.

Some areas of agreement should be that the child will have regular email, phone calls, FaceTime, Zoom visits, and texting with the other parent. The child needs to know that both parents are safe and interested in their wellbeing. Regular visitations times must be made available for the child to see each parent. Remember the child’s core circle of trust are his/her parents and siblings.

Another very serious matter is the decision of what will happen to the child if one parent becomes ill and cannot care for the child. The joint decision must be made by both parents and must ultimately be in the best interest for the child.

Custody disputes and circumstances that have totally changed in the last month. Just remember, co-parent cooperation is the best choice. There is no doubt that judges will be happy to hear that parents have worked together to meet their child’s best interest, by taking steps to protect the child’s health and safety.

This is a time for mutual give and take from both parents. No one is always right nor always wrong. In this upside crazy pandemic world, jointly trying to navigate your family to a better place will have its own rewards.

If, however, one parent unilaterally refuses to make fair agreements for the children or violates your custody orders, avoid retaliation and follow your decree orders faithfully. This Pandemic will pass, and most Judges will not treat lightly intense misconduct when the courts reopen.

Mark A. Nacol
The Nacol Law Firm P.C.
Dallas, Texas
(972) 690-3333

Click to open Copy of Texas Supreme Court Emergency Order on Child Custody Schedules during Coronavirus Pandemic. (pdf) 

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



Read More –>

Closed due to Covid-19 sign

Doing Your Own Divorce During the Pandemic

Even with the courts shut down, there are still steps you can take while you’re sheltered at home.

Read More –>

handle a pandemic

Really God? Now I’m Supposed To Handle a Pandemic Too?

handle a pandemic

 

I wrote an article a few weeks ago titled, “How Are We Single Moms Coping with COVID19?” That was last month, and it literally feels like 6 months ago.

The COVID19 Pandemic has been devastating. As of the date of this writing, 9 million people have filed for unemployment in the United States. I almost became one of them last week.

As a single parent, the thought of that made my divorce look like a walk in a sunny park. It got me thinking about how I would respond to this.

I also threw my hands up and said, “Really God? Now I’m supposed to handle a Pandemic too?

All my sisters are retired. They clearly all married much better than me. They retired young with a plethora of life still to be lived and loved along with large bank accounts to assist them in this living and loving endeavor. I wasn’t so lucky.

I have carried the financial responsibilities of my family for over 20 years and retirement is not an option for another 15 years. My company laid off over 90 people last week due to the economic hit by COVID19 in the tourism industry.

Up until the morning before the layoffs were identified, I was certain that I was going to be part of the wrecking ball. Gratefully I was spared. I don’t know how, but I was.

The survivor’s guilt I felt was enormous as I said goodbye to so many wonderful friends. But as I looked at my two kids, a sense of appreciation and relief washed over me. As the days passed after the announcements were made, I found myself one-night lying in bed with the sudden realization that I had never even contemplated my getting the virus. It seemed almost inconsequential to experience sickness or death.

My panic was, how am I going to support my family?

And then the next thoughts I had were of all the life changing events that have happened after my divorce that I was held to navigate alone.

I endured the deaths of both my parents alone.

I navigated my daughter through the suicide of her best friend and the bullying of her high school friends, alone.

I navigated losing my job a decade ago during another economic crisis and as a result almost lost our home.

I have had utilities turned off and begged a friend to loan me some money so I could pay my daughters school tuition, the repair of my car and my mortgage all at once because my paycheck wouldn’t stretch that far. I promised I would pay him back when I got my bonus at the end of the quarter; and I did.

I have stayed true to every promise I have ever made to my children through what I thought would be every conceivable situation.

And yet, here I am once again facing another mountain to climb.

My job is safe for now yes. I am 1 of 4 Sales Directors retained from an original team of 20. I will now be doing the job of many people, at less pay due to a pay cut and with no administrative assistant to support me any longer.

And yet I feel blessed. Again.

The blessings I feel are strange to quantify.

My two kids are home. A lot. I live in L.A. where the “Safer at Home” order is in place.

The results of this is that we are talking to each other more. We are cooking together. We are cleaning together. We are just together.

My career has always required a lot of travel. With no travel being conducted in these days of COVID19 I have had to calm myself down and quiet my inner vagabond. It has taken me a little while, but I am slowing my roll quite well these days. And my kids are too.

We are getting to know each other in a different way. The topic of a Global Pandemic has made us all a little more vulnerable with questions, fears, hopes and aspirations all being discussed. This is now officially part of our story.

Like when my mother told me the story of her being a child in the Depression and her father losing the family farm. It made an indelible impression on her life forever. I wonder what kind of an impression all this will make on our kids as they enter their adult lives.

I hope that they will just see that when a family comes together…when people come together with a common goal even by practicing social distancing, good things can happen too. Good things that will last a lifetime for them by the example they see in us.

As single moms we secretly want someone, anyone to recognize us for all that we carry and just offer to do it all for us. What I have found in this time of COVID19 is gratitude and recognition I wasn’t expecting from my family and friends.

Those who I worked alongside and who were laid off called and messaged me to tell me how glad they were that I had been retained. They knew I was a single parent and they were grateful that I was spared. Grateful that “I” was spared!

The character that showed in these people is immeasurable.

And it is “I” who am grateful for them. They took a bullet for me in many ways.

I am not going to minimize myself in any way because I do know I work hard and have earned a place at the table. But they have too. And because I am now 60 years old, and at that margin of COVIOD19 population that are identified as somewhat vulnerable, both my kids have stepped up and offered to do many things they otherwise never have before.

That being go to the grocery store, getting gas in my car, picking up a to-go dinner and many more things that would keep me being in a gathering environment. They realized in short order all that I do to make them whole on a daily basis. Or perhaps they just see me as their “Prize Filly” and I guess it’s in their best interest to keep me healthy! But, I’m grateful none the less.

They recognize all that I have endured and were not about to let a Pandemic stop their mom from keeping on. Only this time I will do it wearing the mask my daughter made me and the meals my son is cooking me! Life is still good. Pandemic or no Pandemic!

So, the answer to my question of, ““Really God? Now I’m supposed to handle a Pandemic too? I say, YES! You have been me through a lot in the past 20 years and I have faith in You, Myself and My Kids and we can get through this too.

Just another day in a sunny park! Or will be soon!

The post Really God? Now I’m Supposed To Handle a Pandemic Too? appeared first on Divorced Moms.

Read More –>

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.

Read More –>

parenting time

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

parenting time

Question:

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

Answer:

I practice law in the state Ohio. Unless you live there, I
cannot inform you as to the specific laws of your state, but I can provide you
with general tips in divorce and child custody, as it relates to the COVID-19
pandemic.

Ohio courts have been very clear on this point. They have
indicated that all parenting exchanges and schedules continue to be in full
force and effect. If your child has not been on spring break yet, any time off
due to the pandemic would be deemed regular parenting time, and the scheduled
spring break would still be treated separately under the holiday schedule of
your county or orders governing your parenting time currently in effect.

However, if parenting time is missed, the courts will most
likely grant make-up time after restrictions have been relaxed. I have been
recommending agreement on the make-up time before forgoing the parenting time
itself to all my clients.

While it is clear the courts will still expect people to
follow the current orders, it is unclear whether such denials of parenting time
will result in findings of contempt. Under Ohio law, if there is a finding of
contempt, you can be entitled to receive a portion or even all your attorney
fees spent to prosecute the action.

However, the court has a lot of discretion in making those
awards. As such, I have concerns that the courts will likely find the denial of
parenting time during the pandemic a reasonable reaction, and thus, not
egregious enough to result in an attorney fee award. While this assessment may
be incorrect, it has been my experience that you only receive a portion of
attorney fees, never the whole amount even in the strongest of cases.
Therefore, I suggest establishing the make-up parenting time dates prior to
conceding parenting time.

I want to stress that this is in relation to the Ohio laws
and orders currently in effect. These health measures change almost daily, so
you need to be sure you are following up with the numerous resources offered
through your state to check and see what the current orders are. Many states
that have taken such measures still have carved out exceptions that include
parenting time exchanges, so again, be sure to carefully read the current
orders in effect.

Finally, if there is a lockdown and parenting exchanges
are not excluded, I would still expect courts to grant make-up parenting time
for any time missed during the pandemic.

To arrange an initial consultation to discuss divorce rights for
men with a Cordell & Cordell attorney, including 
Ohio divorce lawyer Daniel
White, 
contact Cordell
& Cordell
.

The post Can I make up lost parenting time due to quarantine during the COVID-19 pandemic? appeared first on Dads Divorce.

Read More –>