My colleague Vito Colasurdo, Esq., counsel, wrote a recent blog blog. Most of us are living in isolation. It is now cool to be a hermit and the most common words currently being used are “social-distancing” and “self-quarantine.”
Who will be impacted by Covid-19
The workforce was equally inflicted by the extreme, necessary measures to flatten the curve of the spread of the coronavirus. The need to socially distance and the qualification of what is an “essential business” will affect how New Jersey does business for the foreseeable future. The lucky were forced from their workplaces to work from home. The unlucky, however, either had to close their small businesses or lose their jobs.
What to do if income has disappeared or is suspended because of Covid-19
The answer: those with support provisions in their Marital Settlement Agreement/Final Judgment of Divorce. The coronavirus will drastically impact those either paying or receiving alimony or child support if the payor of the support suffers a substantial loss in income. Those seeking or defending what are called “changed circumstances” motions for loss of income must understand the nuances involved with such applications. These applications are governed by N.J.S.A. 2A:34-23. A downward modification of support application cannot be filed until the payor has been unemployed, or has not been able to return to or attain employment at prior income levels, or both, for a period of 90 days. Any application must be accompanied by the Marital Settlement Agreement/Final Judgment of Divorce, the Case Information Statement filed at the time of the divorce, and a current Case Information Statement.
