By: Steven D. Winkler

April 16, 2020

For individuals paying (or receiving) child support or alimony, a parent becoming unemployed represents a huge financial blow. Unfortunately, with the novel coronavirus causing shutdowns and social distancing across the country, a massive jump in unemployment has begun. Treasury Secretary Steven Mnuchin has warned that the US unemployment rate may jump to 20% due to the coronavirus. In anticipation of mass layoffs, Governor Walz signed an executive order ensuring all employees impacted by the spread of COVID-19 would have full access to unemployment benefits.

With the snowballing layoffs and job loss will come an increasing demand for reductions in child support and alimony orders across the country. While coronavirus has also effectively closed courthouses across Minnesota for routine matters, the lack of immediate access should not discourage those making divorce-related payments to seek a modification if their income has been affected by the virus.

In Minnesota, the date of filing for modification most often sets the date as to when the modification is effective. In other words, although the modification itself may not immediately arrive, the relief you can receive can become retroactively effective for payments you are making now. Also, the sooner your matter is before the court, the sooner you will be heard when the situation normalizes.

Ideally parents can work out agreements with each other. However, it is the court that affirms a modification, which still requires all the usual drafting and filing. Your attorney will help you determine which numbers apply to your situation, help you understand the calculations, and file all the necessary paperwork for a modification.

 *Please note, the content of this post is for informational purposes only and is not to be considered legal advice.