Do Process, June 2020
Going Green?
Greetings all, it has been a crazy couple of months. Full of fear, confusion, misinformation and miscommunication. We all want to return to a normalcy that will be comforting and not as disturbing. As the courts and legal offices begin the “green phase”, I want to wish all the very best and to remain safe. My team and I are taking all precautions to continue to deliver your documents and file your cases in a safe and professional manner. If you are need of help, we are here. This month’s article come from Miriam Ibrahim from the Antheil Maslow & MacMinn office in Doylestown PA. As always, I look forward to communicating and networking with you all. If there is a topic you would like to discuss, or learn more about, or to submit an article for your peers, feel free to reach out. I hope everyone is ready for the legal wave about to hit. Thank you all for your continued trust and business! Stay safe!
Blair
Economic Impact of the Coronavirus Pandemic on Support Obligations
Monday, 06 April 2020 Written by Mariam Ibrahim
Without a doubt, the financial issues arising from the Coronavirus Pandemic and the resulting shutdown of businesses and “stay-at-home” order issued in Pennsylvania by Governor Wolf have had a major impact for many, including those with Support obligations, as well as those who rely on those payments.
Under Pennsylvania law, courts follow the Pennsylvania Support Guidelines to determine the amount of support that a spouse or parent will pay based on the parties’ combined monthly net incomes and the number of persons being supported. Support guidelines are mandated by federal and state law. The Pennsylvania Support Guidelines allow for a modification of support any time one party experiences a material and substantial change in circumstances. Under Pennsylvania case law, the courts have deemed a change in income could be deemed a material and substantial change in circumstances that allows modification or termination of an existing support order depending on the circumstances of the case.
During this national crisis of the coronavirus pandemic, many individuals have experienced a change of income, a disruption of business and in many cases, loss of employment. If a payor or payee lost employment or have reduced income as a result of the mandated closures, it certainly may affect their obligations under a support order by changing the amount of child support, spousal support/APL or alimony received and/or paid.
In order to modify a support order, a party must file for modification with the court. The law in Pennsylvania allows modification to be calculated retroactively to the date of the filing of a Petition to Modify. Despite the court’s closures to the public (except for limited operations including emergency matters), filing for modification of support can be done electronically. It is important to promptly file for modification, especially if the payor experiences a decrease in income or a loss of his/her job. Depending on the circumstances of the matter, it might be advisable to file for modification to preserve the date of filing as the effective date of the order when it is entered.
Despite the impact of the courts’ closures, the Pennsylvania State Collection and Disbursement Unit (“PA SCDU”) continues to process payments. If a payor has a support order but is unable to meet his/her obligation due to a change in income or unemployment, it is imperative to file for modification to avoid a later finding of contempt by the court and to mitigate the accumulation of arrears.
In evaluating a request for modification due to the loss of employment, the court considers the payor’s efforts to mitigate their inability to meet their support obligation(s). Given the current state of affairs, the individual shall immediately file for unemployment. An individual who has a support obligation but loses his/her job due to the coronavirus pandemic should also continue to search for comparable employment, and if unsuccessful, the individual should be documenting his/her efforts to present the same to the court at the appropriate time. Given that the courts are not yet hearing these modification petitions, and the very unusual circumstances of this pandemic, it is unknown the extent to which the courts will consider the employment search.
Additionally, pursuant to the Consumer Credit Protection Act, 15 U.S.C. § 1673(b)(2), if the payor is over 12 weeks in support arrears, the maximum figure that can be deducted from a payor’s net income is 55% of his/her net income. If the payor’s circumstances change requiring him/her to support another family beside the one subject to the support order, the total support obligations shall be capped at 50% of the payor’s net income as required by 15 USCS § 1673(b).
It should be noted that under the Coronavirus Aid Relief Bill recently enacted to deliver payments to help people during this pandemic, said payments will be offset by any past due child support payments owed to the states as reported to the Treasury Department. In other words, if an individual is overdue on child support, his/her cash payment from the federal government might be reduced or eliminated to first meet child support obligations. Moreover, similar to wages from an employer, unemployment can and likely will be attached to pay any support obligations.
Custody Dilemmas During the Coronavirus Pandemic
Tuesday, 24 March 2020 16:50 Written by Mariam Ibrahim
In the course of the past few days, we have all been presented with unforeseen challenges as a result of the COVID-19 virus. If you currently have a custody order in place or are going through a custody battle, you might be experiencing parenting issues stemming from the coronavirus outbreak, the recent school closures and work from home mandates.
Typically, custody orders identify specific days and times during which each parent is entitled to custodial time with their child(ren). However, during the current coronavirus pandemic, it is possible that custody exchanges cannot take place because of a restriction ordered by the government. In the event of a quarantine or isolation situation, parents should confirm that the government restrictions truly prevent custodial exchange from taking place before the parent declines to release the child(ren) to the other parent.
On the other hand, if a parent thinks the other parent is risking the safety of the child(ren) such as transferring them to high-risk places or exposing them to the virus, the concerned parent should consult with an attorney to discuss available remedies that might include a filing of an Emergency Petition in Custody. Despite the courts’ closures to the public, most Pennsylvania Courts of Common Pleas, including Bucks County Court, remain open for emergency matters which includes an Emergency Petition for Child Custody.
More complicated issues might arise if the custody order calls for supervised custody. If the previously approved supervisor is not available or inaccessible, the parents should determine if a feasible alternative is available and/or advisable. If the parents cannot agree, reach out to your attorney for guidance.
It is imperative to keep in mind during this time of crisis, both parents should work amicably to decide what is best for the child(ren). Parents should communicate with each other, especially if a parent thinks he/she has been exposed to coronavirus. Parents should use common sense in determining what is in the best interest of the children while remaining in compliance with their court order.
Due to the fact that such circumstances resulting from the coronavirus are unusual, there are currently no clear guidelines on how courts might handle such situations. It would be possible that the parent losing custodial time would be entitled to some makeup time with the children as soon as circumstances allow. However, the best interest of the child(ren) remains the standard.
In an abundance of caution, each parent should ensure that he/she remains in compliance with their custody order. If compliance is truly impossible, a parent should inform the other parent timely and preferably let his/her attorney know. If the parents have a custody order/stipulation in place, it is always advisable, and in some orders/stipulations required, that any changes/modifications, even temporary, to said orders/stipulations be memorialized in writing.
Parents are reminded to always read the court order and do what it says as long as it is feasible. The CDC (Centers for Disease Control and Prevention) and WHO (World Health Organization) continue to update their guidelines and recommendation as well, which may be useful in determining the feasibility of custody terms during this pandemic. When courts reopen, the non-violating parent might file for contempt at which time a judge will make a determination on whether a parent deliberately withheld the child(ren) or whether it was necessary under the circumstances. A finding of contempt has severe consequences.
Mariam W. Ibrahim is a family law attorney with the Doylestown firm of Antheil Maslow & MacMinn, LLP. Mariam’s practice focuses exclusively in the area of domestic relations, handling all phases of the negotiation and litigation of cases including divorce, equitable distribution, child custody, spousal support/alimony, child support, prenuptial and postnuptial agreements, cohabitation agreements, adoption and protection from abuse. Mariam is member of Pennsylvania Bar Association, the Bucks County Bar Association and the Montgomery County Bar Association. mibrahim@ammlaw.com