Coronavirus Update - Helpful Information for Our Clients

Articles Posted in Coronavirus

  As you know if you are a regular  reader of  this blog,  I am a big fan of Mediation generally.   I favor Mediation in Family Law because it gives  parties ownership and control over their destiny.   I always believe that Mothers and Fathers, Husbands and Wives know more  than a Judge about their own  lives and what is best for their  families.    In the time of COVID-19,  I am an even greater proponent of Mediation.  Mediation  now  gives you the opportunity to have a  ready forum  to resolve your dispute.  If you are waiting for a Judge to hear your case-  dig in–you may be waiting for  months or even a year.   If you decide to mediate –you may get the resolution you need before we come out of quarantine.

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I just got off one of the many Zoom calls about Family Law updates that I am on weekly, and the news I have to report is that in our courts  family law matters are NOT likely to resume soon.  While technically many Philadelphia area  courts may be re-opening on June 1st,  nothing will be business as usual.  The backlog is enormous.  All filings continue,  but  only emergencies are being heard.    The four county area of  Delaware County, Chester County, Montgomery County and Philadelphia County, each are handling their re-openings differently, but the essential message from family court Judges and administrators  is  to expect disruption and delays for a long time into the future.

So MANY QUESTIONS …  ASK YOURS AND Learn More… join our  FREE Webinar on DIVORCE, CUSTODY AND COVID-19.  Friday April 10 at noon    to register send an email to phyllis@bookspanlaw.com and you will be sent a link.

Cooperation is Key in Time of Uncertainty

It feels like the world has shut down, and we don’t know what will come next.    If you are  in the midst of  a family transition, like divorce, the situation may  feel even more uncertain.   Sheltering in place at home may not feel like shelter.    Custody exchanges that once were amicable, now may be  contentious and fraught with  fear of  transmission of a deadly virus.   Children are scared, as well as parents.   If you are receiving and/or paying support,  you may be wondering what will happen  if you are furloughed or lose a job.     So how do your concerns get answered.?     There is much information circulating and it should be read with care.  With  respect to your  questions and  your matters  the answer may be …   It depends.  Let’s discuss further…

Should I file for Divorce now?

Beth and  John live together in the same house, but for the past six months have been sleeping in separate bedrooms.  They don’t eat meals together and speak only when necessary.  She has been wanting to file for divorce but was waiting until their son graduated from high school this June.  Now their son’s school is closed, and graduation may be cancelled.   She doesn’t think she can continue another day in her situation.

Is this you?  Have you  been unhappy in  your marriage, and considering filing for divorce?   Is  now  the best time to file that Divorce Complaint?   Perhaps not. The world is changing daily and we don’t know what tomorrow may bring.    At a time of uncertainty, stability is important.    Do you know how much you  depend upon the institution of marriage for emotional support?     However,  if your  marriage is beyond saving,  if  sheltering at home is not feeling like a safe harbor,  and if the time has shown  beyond any shadow of doubt that you want out,  then perhaps now is the time to file.    The date that a complaint is filed triggers many legal things, that will affect a divorcing couple, and could be to the advantage of the filer.     For example, the filing date begins the tolling period for when a final divorce can issue,  it begins the unassailable date of separation, which is important for determining things like division of assets,  and it can begin the right to  receive spousal support.

So, what to do now  should include  a careful weighing of the situation, a  discussion between client and attorney,  and  a  prudent review  of the most recent investment and retirement fund statements.

I Filed for Divorce and Everything is “on Hold”…. What should I do?

The Courts  in almost every jurisdiction are closed for everything except Emergency Proceedings.  No matter how much your divorce may feel like an emergency to you,  it is not.

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Hello again dear clients and friends of BFL,

This new  coronavirus is serious and  likely will be with us for a while.    The most important thing is that you take all necessary precautions to keep yourself and those around you safe.  Stay Home and follow the most current directives of the CDC.

BFL is open and ready to help you while we all learn to live differently in this unprecedented time.   We are working from our homes, and monitoring your cases.  We are available to meet with you by video and talk by phone.  Of course,   you always can email us, as usual.

 As we enter the uncharted territory of the COVID-19 pandemic,  the implications of the virus  changes everyday life as we know it.     As the stock market plummets,   supply chains are interrupted,  workers are furloughed and/or laid off, the implications of the novel coronavirus go well beyond what the pandemic means for individual portfolios.     The most vulnerable  in our society –those in need of family supports, such as child and spousal support may be hit hard.  

 Child support is one of the largest sources of income for families. According to the National Conference of State Legislatures, nationwide, the child support program serves one quarter of all U.S. children and half of all U.S. children in poor families—totaling 17.5 million children.   Research shows it reduces child poverty, promotes parental responsibility and involvement and improves children’s educational outcomes.    Fifty percent of all marriages end in divorce, and  many women, especially mothers with children, fall into poverty after divorce.    As the COVID-19 spreads,  this group may become the silent victims of  this contagion.

 In almost every state,  child support  and spousal support is tied to the income of the parties.  Should that income diminish due to reduced work and layoffs, or dissipate completely as a result of job terminations,  support payments can change radically.  Payments may dry up if pay checks disappear.    Payors  with reduced income may ask for  downward modifications in their support orders.   Payees who receive support and were working at the time an order was entered may lose a job, and be unable to replace it through support, if the payor also has lost income.  The ramifications are broad, and might affect the day to day survival for many.   

At Bookspan Family Law, LLC we meet many  of you at a vulnerable time in your lives.  Our goal is to help you through life transitions and ease your way to a better future.  Foremost in our minds now is the health and well-being of  you —our clients,  our friends and colleagues.  I am continuously reviewing and assessing the recommendations and requirements of applicable state, local and federal authorities, as well as the World Health Organization and the CDC, to implement necessary precautions and protective steps. As we face the coronavirus global pandemic together,  I want to assure you that we are continuing to work for you.

A note about financial obligations such as child and spousal support and alimony…

If you have lost your job, and or been temporarily laid off, it may affect your support payment (obligation and or receipt).    In Pennsylvania,  parties who either pay or receive support have a statutory obligation to report to Domestic Relations  a change in financial circumstances   As we have not faced  before anything like coronavirus and the interruptions in work and financial security it may bring, we may be in uncharted waters.  However, if you are laid off for a significant period of time, or lose you job, this is a change in circumstance that should be reported.  Alimony payments also may be affected.  Depending upon how alimony was provided for in your property settlement  agreement,  it could be impacted by a recent  financial change.    Please let us know if this is the case, and we will evaluate any next steps with you. For further discussion on financial security and cCvid-19, and a financial webinar,  see more information below.

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