June 1, 2020
Divorce During COVID-19: What to Know
The COVID-19 Pandemic is clearly unprecedented in the course of human history, impacting daily life like no event ever before. If you are divorced or contemplating a divorce, here are some important things to know about how COVID-19 will affect your life:
- Courts Are Open – While many non-essential businesses are closed, courts technically remain open. Even a pandemic does not prevent the public’s right to access the justice system. It is supremely important to parties of divorce and custody cases for courts to continue to function because of the ever-evolving nature of family law disputes. Many divorce courts are using tele-video conference (e.g., Zoom, Google Meet, or Microsoft Teams) to conduct status conferences, hearings on contested motions, and even trials. There is no reason to wait until the pandemic is over or for the country to “reopen”; the courts are functioning.
- Child Support Modification – Most child support laws allow a modification if there is a substantial change in circumstances, which can include the significant increase or decrease in income by one of the parents. The Coronavirus Pandemic has caused an economic calamity, with unemployment at historic levels. Once the Paycheck Protection Program runs out, and people stop receiving full unemployment benefits, income levels will drop. If you lost your job, or your business has experienced a downturn, this would be a substantial change in circumstances that you can use as a basis for modifying your child support obligation. You have to act fast, however, as a child support obligation is extremely difficult if not impossible to get out of without paying, and you can be subject to interest and penalties.
- Spousal Support Abatement – Much like child support, spousal support (known as “alimony” or “maintenance”) can also be modifiable depending on the circumstances. The economic downturn of the COVD-19 pandemic is cause to seek a modification of support, or even an abatement. An “abatement” is a legal term meaning to stay or pause the support obligation. If you are paying spousal support, you may be able to abate your payments until you recover economically.
- Parenting Time – The pandemic is not a reason to interfere with the other parent’s visitation time with their child. Despite being a health disaster, many family law Courts have issued orders and guidelines stating that parenting time and visitation must continue as agreed or ordered in the era of social distancing. Many parents are expressing serious concern that the other parent is not adhering to social distancing guidelines. While a judge might ultimately agree that a parent is not doing enough to protect themselves, it should be brought to the court’s attention instead of simply refusing to exchange the children.
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Is a drug recognition expert involved in your DUI case?
Interviewing the officer who arrested the driver and the driver
The DRE may become involved after an arrest, in which case he or she will gather all the facts of the arrest from the officer involved. The DRE will also talk to or further interrogate the driver.
Examining the driver’s physical condition
There are several physical signs that indicate impairment that should be obvious to someone with the DRE training. The DRE will examine the driver’s eyes, vital signs (blood pressure, pulse and body temperature), pupil size, muscle tone and nasal and oral cavities. The DRE will also check for signs of drug injection.
Testing for divided attention
Two of the standard field sobriety tests include a mental component designed to reveal impairment: the one-leg-stand and the walk-and-turn. The driver must complete a simple physical task while remembering and successfully following the instructions the officer provided.
Submitting chemical sample for analysis
If the initial BAC testing was a breath test, then the driver will also undergo a blood or urine test, possibly both. These results will be analyzed for drugs and alcohol.
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Those who believe they have a strong case may wish to have it evaluated by a lawyer. Most attorneys who specialize in personal injury have a network of professionals who can help build up cases. Investigators may obtain proof of negligence, and medical experts may measure the extent of injuries and their related costs. Expert witnesses may come in to offer testimony. A lawyer may start by striving for a settlement out of court, litigating only when negotiations fail.