What You Need to Know About Emergency Rule 13 If You Pay Support and Lost Your Job Due to COVID-19

May 20, 2020
KL Family Law

The COVID-19 pandemic has turned life upside down for many people. If you have lost your job or other income source because of the coronavirus and you don’t know how you can continue to pay child, spousal, or other court-ordered support, you have options under a new Emergency Rule, but you need to take action. Read on to learn more. 

A set of new rules was amended and adopted by the state of California on April 17, 2020. Based on your new situation, you can request to modify or terminate child, spousal, partner, or family support. Emergency Rule 13 will temporarily allow a court to make an order modifying support effective the date an unfiled request to modify support was mailed or otherwise served on the other party, with the moving party required to re-serve the opposing party after the request has been filed with the Court. Before this rule, the retroactivity would only go back to the date the Court received and stamped the motion, but because California courts are closed and cannot process and stamp date the motion as filed, this option makes it possible for the motion to simply be prepared and served on the other party and the retroactivity of any new modified order will be backdated to the day the modification request was first served or mailed to the other party. This means that if your request to reduce the support amount is granted, it back dates all the way back to when the paperwork was served on the other party regardless of when you finally get your day in court – potentially saving you lots of money you don’t have at this time!

This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council.

The KL Family Law team recommends that you seek a modification as soon as possible to get your court-ordered support changed. If you do not get the order changed, you will be in non-compliance and will accumulate past due support with interest, which can add up quickly. 

If you have any questions about your obligation to pay support after losing your job or making less money, KL Family Law is here to help. We can offer guidance about how to request modification and talk with you about how this new rule will impact you based on your individual situation. Contact us today!

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KL Family Law

At KL Family Law, we understand that your primary concern is the well-being of your children. We strive to offer tailored solutions for your family law needs and help you move forward through this difficult transition.

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