By The Reape-Rickett Law Firm
As businesses across California continue to adapt their services or close in response to the ongoing pandemic, many business owners and employees are experiencing a reduction of income or job loss.
Without a clear end in sight, it is imperative to file for a modification of child support and or spousal support now. Although the courts have reopened with adjusted protocols, it could be several months before your matter is heard.
By filing now, you can open a line of discussion to a potential settlement before the courts can hear your matter.
Filing for a modification of support is extremely important if your financial circumstances have changed because state law prohibits a judge from retroactively modifying a support order to any date before you file the request to modify with the court.
The pandemic is not an exception. So, even if the courts cannot hear your matter for months, you are still able to preserve your right to retroactive modification by filing.
It is imperative to file for a modification of support soon after a job loss or significant pay reduction because the court cannot back-date modifications. Thus, if you stop paying your court-ordered support, you will not be able to avoid accumulating arrears. Further, unpaid support arrears accrue interest at a rate of 10% per annum, cannot be discharged in bankruptcy, and there is no statute of limitations on unpaid support and interest. If you need more support due to a job loss, you will also need to file for a modification of support because you cannot go back to a date earlier than your filing date.
If your financial circumstances have changed, whether you are currently paying or receiving support according to a court order, you should consult with an experienced family law attorney to determine your rights.
The Reape-Rickett Law Firm can help you navigate the modification process and is providing consultations via phone or video conferencing.
With over 250 years of combined legal experience, our team of attorneys will advocate for you and your children’s best interests and help you every step of the way.
If you have family law questions or want to learn more, contact The Reape-Rickett Law Firm at (661) 288-1000, or visit DivorceDigest.com. We serve the Santa Clarita, San Fernando, Conejo Valleys, and beyond, with offices in Valencia, Calabasas, and Westlake Village.