In times of crisis everyone is concerned and we have more questions than answers. It is not an easy task to keep a cool head and make wise decisions. When you are going through a divorce, you already have many uncertainties. The separation touches all facets of your life. Coronavirus impacts only augment this change. Anybody that shares their emotions with their friends cannot do that anymore. Circumstances force couples to cancel appointments with mediators. But what if one of the parents is not able to pay the alimony anymore?
The coronavirus impacts everyone around the world. During these exceptional times these problems require exceptional solutions. The situation has lasted longer by now and it is imaginable that the coronavirus can affect your financial situation. This is especially true if you are an entrepreneur. You can find the consequences of the coronavirus for alimony obligations in this article.
Current Alimony Obligations Remain
First of all, current alimony obligations remain in force until the court establishes new agreements. As soon as income falls substantially and you do not expect a recovery in the short term it is recommended that you should contact your ex-partner about this as soon as possible and discuss this.
Request A Change
If it is not possible to get to a mutual agreement, it is advisable to have a lawyer submit a request for change of alimony to the court as soon as possible, because the judges often change the alimony as of the date of submission of the petition. In short, if you wait longer you run the risk that you cannot invoke a retroactive change.
Start Date For The New Amount
When does the new amount replace the old amount? The newly calculated amount can take effect if you have mutually agreed on this with your ex-partner, possibly with the help of a third party such as a mediator and/ or a lawyer. If it is not possible to come to mutual agreement, an amendment request can be submitted to the court. That process should be conducted via lawyer. After this, the other party can file a defense, followed by a decision of the judge. The starting date of the new alimony is usually the date on which the person who decided first informed the ex-partner that the alimony amount must be revised due to the change in income.
Fall In Income
Of course, no one can currently predict exactly what the long-term impact on income will be due to the corona virus. For an entrepreneur, for example, a fall in income will be visible sooner than for someone in paid employment. Another factor is whether the fall in income is of a temporary nature or will be structural. Therefore, it depends on the specific circumstances of the case whether the impact of the coronavirus actually justifies a change in alimony.
All ex-partners must communicate with one another about a change in alimony, whether permanent or temporary. As the partner who pays, do not immediately commit to completely and permanently ending the alimony, but see what you can actually miss. In any case, it is not advisable to stop alimony on your own initiative without consultation. If a court order establishes alimony, the person receiving alimony has the option to hire a bailiff to pursue the alimony money, no matter what.