Dear Attorneys,
When I got divorced, we had a shared parenting schedule, so neither of us paid any child support because we made around the same amount of money. However, my ex-spouse is a first responder and we jointly decided that the kids would stay with me so that they were not unnecessarily exposed. Now that we are in the house all the time, and we are going through food and other household supplies exponentially, I could really use the support, but my ex won’t give me any money! What do I do?
Sincerely,
Money Is Tight
Dear Money,
This is an extremely common situation right now due to the COVID-19 health crisis. You can file a post-judgment motion for modification and allege that there has been a substantial change in circumstances and also likely that financial contribution from your ex would be in the children’s best interest. However, courts are only handling “priority one” matters right now, and financial issues are generally excluded from that. That said, if you file the motion now, when you finally do get to court, you can likely seek retroactivity so that you do recover some of your expenses. While we realize this is not an ideal situation, it’s currently the best way to protect your interests.
You should still consult with an attorney and keep very detailed records as to what you are spending. If retroactivity is awarded to you, it would only be as far back as the date you had it served, so you don’t want to wait on this one!
Looking to make your modification easier, not harder? More civilized and less stressful? Choose Wolf & Shore Law Group. Attorneys Kristen Wolf and Shari Shore are both tenacious enough to protect your best interest and compassionate enough to help get you through a difficult post-judgment matter. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group