Thirty million people became unemployed because of coronavirus all within a 30-day period. When large retailers started filing for bankruptcy, many of their employees were left out of work. On top of that, many people have alimony and child support obligations they can’t afford to pay anymore. Normally, you could file for a modification, but with courts closed that’s not possible right now (unless it’s an emergency). Family law attorney Alan Plevy has the following recommendations on how to handle child support and alimony payments during COVID-19.
- Pay what you can – Make payments to the best of your ability.
- Keep the other party informed – Let the other party know what is your current situation. Plevy says it’s best to communicate and let the recipient of the support know that you have lost your job and do not have the ability to continue paying your current obligations.
- Determine a plan – Try to exercise good selection and determine what possible solutions you still have. “Don’t just put your head in the sand and say well I’m not working, I’m not going to do anything about it,” says Plevy.
- Liquidate your assets – The judge will understand that you have unfortunately lost your job. However, they will ask if you tried to liquidate any of your assets to pay for your obligations. Judges will want to see that you have done everything possible.
- Look for Another Revenue Source – Plevy suggests it’s a good idea to start looking for other sources of revenue to help with your payments while you’re unemployed.
- File for Unemployment – You should contact your state’s unemployment insurance program as soon as possible after becoming unemployed.
The COVID-19 pandemic has been a difficult time for everyone, but you must communicate with the recipient and try your best to make child support and/or alimony payments. If you have questions, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
