How Is COVID-19 Affecting New York Child Custody & Child Visitation?

 
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The corona virus pandemic has affected the lives of everybody in the US, particularly those living here in New York. One aspect that many people have not thought about is how COVID-19 is affecting child custody arrangements and child support payments. Families are struggling to adjust under stay at home orders, and many people have lost their jobs. At the Law Office of Rachel Ambats, PLLC, our New York family law attorney wants to discuss these issues.

Child custody and COVID-19

The governor of New York issued a stay at home order in March, and this order has been continuously extended in an effort to slow the spread of coronavirus. Only essential businesses had been open, and most people have been asked to stay in their homes as much as possible. This has complicated child custody and visitation orders.

Many custodial or non-custodial parents are wondering what their responsibilities are during this pandemic. Not only are parents worried about violating stay at home orders, but they are also concerned about their children or themselves contracting COVID-19 if they continue child custody arrangements as normal. In some cases, one parent may work in what is considered an “essential job,” raising concerns about the safety of allowing a child to stay with them. In other cases, one parent may be concerned that the other parent will not follow social distancing guidelines.

This is an incredibly complicated situation, and it is advisable that both parents involved do everything they can to reach an amicable solution during this ongoing crisis. The court systems have virtually ground to a halt for anything but emergency situations, and it may take some time before you can have any custody disputes heard.

Child support and COVID-19

Another major concern during this health crisis is the ability of a person to pay court-ordered child support. Unfortunately, the COVID-19 pandemic has led to many people losing their jobs. While enhanced unemployment options have been made available, this has not been a smooth process, and many people have been left without an income.

As best as possible, child support payments should be made as ordered. It may be necessary for those who experience extended job loss due to COVID-19 to petition the court to allow lower payments on a temporary basis. It should be noted that the stimulus payments of $1,200 allocated to individuals by the CARES Act passed by Congress in March will be affected by any child support that is owed. This law allows for stimulus rebate payments to be intercepted up to the total amount of child support owed and this payment will be applied to the parent’s child support case and sent to the appropriate party.

Let a skilled family law attorney in New York help

If you are struggling with issues of child support or child custody during the ongoing COVID-19 pandemic, you should speak to a knowledgeable and experienced family law attorney immediately. At the Law Office of Rachel Ambats, PLLC, we want to ensure that you are treated fairly during this challenging time. Let us examine your case to determine whether any legal action needs to be taken.

When you need a New York family law attorney, you can contact us for a free consultation.

Erin Michaela