Paying Child Support and/or Spousal Support During COVID-19
Like many people, your income may have been affected by the current COVID-19 pandemic. You may also be paying child support and/or spousal support to your ex. What happens to those support payments?
The most cost-effective first step would be to talk to your ex and try to come to a new agreement (though it’s a good idea to speak with a lawyer first in order to determine the support revisions you should be proposing). A lawyer can also assist you with those negotiations with your ex.
If negotiations don’t work, you have the option of making a court application. The courts are currently only hearing urgent family law cases (mostly related to parenting issues), however they are scheduled to resume full operations after May 29, 2020. That being said, it is anticipated that there will be a large backlog of cases which will further limit the court’s availability.
Making a court application is not a decision to be made lightly, and the viability of this option depends on a number of factors:
How drastically has your income been affected by COVID-19?
How long do you anticipate the reduction in your income to last? This can understandably be a difficult question to answer due to the current unpredictable situation, but it is a relevant factor.
How badly are your finances affected by having to continue paying support at the pre-COVID amount for the time being? Support is typically calculated based on your annual income and can be adjusted after the fact. It may be more cost-effective to revisit the support arrangements after the situation has stabilized and calculate and correct any overpayment of support at that stage.
A change in income does not necessarily mean your child or spousal support payments will be reduced right away. Speak with a family lawyer in order to find out more and to understand your options.