At Brennan Lenehan we have combined the safety of our clients, their families and our staff by embracing modern technology to be able to provide our clients with the continuity of care during this challenging time. The following are some of the most common questions we have been fielding in our family law and divorce practice:
I have to send my children to the other parent’s home this weekend, but I am afraid to do so with the Covid-19 virus, should I keep them home?
While none of us wants to place our children at risk, it has been recommended to the family law practitioners in this state that it is important for children to have continued and regular contact with both parents in accordance with the Parenting Plan that is in place. There is no question that children need to feel safe and secure so showing them some semblance of normalcy is best. However, if a parent is symptomatic or has been diagnosed with the virus the Parenting Plan should be temporarily modified. Most Parenting Plans contain language allowing for temporary modifications.
My ex-spouse told me they have been diagnosed with Covid-19 but still wants the children for the weekend. What do I do?
You are not required to send your child to the other parent’s home if that person has been diagnosed with Covid-19. Again, most parenting plans contain language for temporary modifications. If your ex-spouse threatens to file a motion for contempt, then be sure you save the text message/email or whatever communication you have evidencing the other parent’s diagnosis and call your lawyer.
My ex-spouse is demanding I pay the child support, but I got laid off. What do I do?
You should file a Motion to Modify your child support (and/or alimony as applicable) immediately. Until you file, your obligation to pay will continue to run. When there is a hearing, you can then ask that the reduction in support be made retroactive to the date you filed your Motion to Modify and provided notice to the opposing party. Do not wait to file your Motion because your obligation will continue to accrue until the Court enters a new Order.
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The lawyers and staff at Brennan, Lenehan, Iacopino and Hickey are ready to assist you and your families during this difficult time. Call us with any questions you have to schedule a telephonic or remote appointment and receive advice. Our infrastructure is in place.