Do You Really Need An Attorney to Modify Support?
In the time of Covidia, most of us have more time than money and are looking for a way to reconcile those two dilemmas. Although the Feds have been busy finding ways to manage unexpected unemployment and decline of business income by easing the burdens of mortgage payments, payroll and credit card obligations, monthly child or spousal support – whether too much to afford or too little to help — remain pressing concerns during this time of desperate uncertainty.
Although family law attorneys don’t want clients to realize it, all an attorney has to offer is expertise and experience but the paperwork required to request modification of support isn’t rocket science. In fact, support payors and payees can modify child support without hiring an attorney through CSSD but only in cases where the request is to modify child support alone. As a Certified Family Law Specialist and the former Chairperson for two of the most prominent local Bar associations in Los Angeles, I strongly urge support payors to assess their ability to pay their current support obligation and I urge support recipients to determine whether their current support order meets their actual needs. If there is any discrepancy between the current support orders and the need for or ability to pay support, clients must take immediate action to protect their family by seeking the advice of a family law attorney to determine the best course of action and assess whether it can be done without retaining an attorney.
Time is of the essence with support modification. Retroactivity of modification (ie, the date that the reduction or increase actually takes effect) ordinarily begins when the request to modify is filed with the Court. Because many courts are temporarily closed not only for hearings but also for filing of modification requests during the COVID-19 pandemic emergency, on April 20, 2020, the Judicial Council issued an emergency order allowing modification or termination of child, spousal, partner or family support to become effective when the appropriate request is mailed or “served” on the other party.
With more time on our hands and less money to pay an attorney, filing a request to modify support as soon as possible should be a priority. Support recipients and payors require information and advice on how to effectively increase or decrease support without delay and possibly to seek contribution toward the fees incurred in this process. It’s also crucial that clients avoid law firms seeking to pay their own bills by demanding fees well beyond what consumers can afford in this economy.
Legal representation that would ordinarily be optimal in a support modification scenario may simply not be practical or possible. Finding an attorney willing to work on a consulting basis or to assist on a “limited scope” basis to help prepare the documents required to seek modification of support may be the most efficient way to protect your rights.
In addition to providing full scope representation, Pines Law Group provides limited scope representation including consultation, document preparation and litigation support to reduce the overall cost of litigation and allow clients to prioritize spending during these uncertain times. Contact us to assess your need for assistance and to develop an efficient and affordable plan to accomplish your modification objectives.