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What to do if you lost your job because of the Coronavirus and your spouse is no longer paying spousal support

What to do if you lost your job because of the Coronavirus and your spouse is no longer paying spousal support

April 16, 2020 //  by Elliot Gale//  Leave a Comment

What is COVID-19?

To prevent infection and the spread of the coronavirus disease, wash your hands regularly for approximately 20 seconds or more with soap and water or with an alcohol-based hand rub. When in public places, cover your nose and mouth when you cough or sneeze and avoid close contact with other people (6 feet distancing). If at all possible, exercise social distancing by staying at home. Avoid by all means necessary to touch your eyes, nose, or mouth if you have unclean hands. Refer to the Department of Public Health’s website for more information relating to the virus (link provided below). 

What to do if you lost your job due because of the Coronavirus and your spouse is no longer paying spousal support

Did you just get laid off because your employer can’t afford to keep you on the payroll? You are not alone. As of this post, there are an estimated 6.6 million U.S. workers who filed for unemployment. Six-point-million people! The economy is utterly volatile at the moment, and our firm completely understands the difficulties associated with the traumas forced on individuals across the globe. Are you supposed to be receiving income from spousal support or alimony? Has that individual stopped paying too? Keep reading, and we’ll provide you with information on possible options for you. 

If you lost your job and are now not receiving spousal support, follow these three steps now to address the problem quickly. 

DETERMINE IF YOU QUALIFY FOR UI BENEFITS

UI benefits are unemployment insurance benefits provided by your state. If your employer just recently laid you off or even furloughed you, you may have options to seek unemployment benefits. As these vary from state to state, please refer to your state’s website for further information on applying. For California residents, I have provided the link below. 

CONTACT YOUR EX-SPOUSE ABOUT THE SPOUSAL SUPPORT OR ALIMONY PAYMENT

I understand how difficult this step may be, and it’s not easy to pick up the phone and ask someone to pay you when they already know they should be. Sending an email may appear to be easy, but there are so many factors that may make it difficult for most such as domestic violence or taunting. Generally, when you have an attorney, your family law firm will conduct all the communication on your behalf, so you don’t have to. The attorney will reach out to the other person, and demand prompt payment. Should the individual refuse to make payments, the attorney can find recourse by filing a motion with the court. 

But aren’t the courts closed right now? The easy answer is yes and partly no. The court is currently not operating at full capacity but is still accepting document submission. The benefit of having an attorney is for them to advocate on your behalf. The attorney will ensure all family law orders are obeyed, so you don’t have to. Additionally, an attorney may file a request with the court for retroactivity of non-payments, which entitles a person to receive back pay for monies owed with a state-mandated 10% interest. If you don’t have a family law attorney, you may need to find one now. 

SCHEDULE A CONSULTATION WITH AN ATTORNEY

While any person is capable of filling out paperwork with the court, I do not recommend such and here’s why:

  1. Due to the COVID-19 pandemic, the county courts are changing their procedures almost daily. Across the state, all counties are exercising different policies and procedures, so you may not be up to date with their latest information. Our family law firm is completely staffed and has been since the pandemic started. We stay up-to-date with court procedures and can anticipate your needs. 
  2. Most individuals attempt to fill out documents on their own but end up missing information or missing the required materials, which leads to their files being rejected by the court. Furthermore, the court is not accepting walk-in submissions and have reverted to either mail-in or eDelivery, which just started April 6, 2020. 
  3. Talk. Talk to someone. Ask questions. Ask the attorney whatever you can so you can get as much information as possible. Also, perform your research before you talk to an attorney. Search for questions to ask but speak to someone. 

Everything is dealing with their kind of horrors right now. Don’t hide and assume everything will work itself out later. Take action. Send the firm an email or call to schedule an appointment to get help with your family law matter. Don’t assume that just because the court is closed, you are helpless. 

Talk to one of Gale, Angelo, Johnson & Patrick’s experienced family law attorneys to assist with your issues about spousal support and recent job loss. You have the power to regain control. 

Link for References

California Department of Public Health

California Unemployment Insurance

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Category: Family LawTag: coronavirus, spousal-support

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