The Magna Carta created jury trials, grand juries, and abolished “trial by ordeal” in 1215.  A century later, the Black Plague swept all of Europe. Thus “A Jury of Our Peers” has been the hallmark of justice for more than 4 centuries before the founding of these United States. Today, a new worldwide pandemic is challenging our notion of liberty.

A client asked recently whether we were seeing a recession due to the COVID-19 pandemic. Truthfully, many lawyers are busier than ever, though not necessarily with new work. Each court in each different county or circuit has set up specific procedures for handling cases. Some courts, immediately set up video conferencing for hearings; others took a bit more time to explore options. Orange County is in the Ninth Circuit while Seminole County is in the 18^th Circuit. Each has a different procedure and both vary in how they handle hearings.  

Criminal courts in all areas had largely instituted video conferencing for first appearance years ago, but with a pandemic the larger problem is how to provide safe and secure access for those arrested to meet privately with their attorney. All courts in Florida, the Supreme Court, District Courts of Appeal, Circuit and County Courts have been wrestling with  how to assure the safety of the public, how to prevent exposure from those infected, how to protect the rights of those accused of crimes and how to protect the due process to assure fair and just hearings. Jury trials are being scheduled but may not occur until 2021 or later. This places our entire judicial system in peril.

Family attorneys began using Collaborative methods is not always easy, but using a team concept and keeping decisions about your family within your control makes collaboration effective in Central Florida. Using Zoom meetings, for coaches, clients and professionals to work out all the details before even filing can allow a much more controllable process and keep the outcome well within your needs.

Divorcing spouses often have difficulty trusting one another, and unfortunately our courts’ adversarial proceedings in litigation tend to further erode openness and trust by encouraging spouses to fight not only for their own interests but also against the interests of their spouse. When Collaboration occurs, the family’s needs are addressed by professionals and the spouses do not have to “trust” the litigation. They only have to trust the professional who are the guardians of the process. The Collaborative Process works, even in pandemic times and 2020.

Pandemics lead to change. How much change occurs depends on your choices and may be impacted by the choices of those around you. Wash your hands; wear a mask; take care of yourself and others. Peace.

As almost every aspect of our lives continues to be impacted by the Covid-19 pandemic, many people are finding it hard to make ends meet as they wait for the economy to re-open.  This is particularly true for those that must still try to manage on-going Court ordered financial obligations such as child support.  I have received a lot of questions lately from parents eager to learn about whether they can modify their existing support payments due to loss of income during Covid-19, and while the general rule in family law cases is that child support can be modified, people seeking Covid-19 related modifications may face certain hurdles.  

Florida law permits the modification of child support obligations, either up or down, based on a substantial, unanticipated, long-term change of circumstances.  In most cases, child support modification requests are based on a reduction in a parent’s income usually caused by a change in or elimination of employment.  If such a change in employment has occurred, then the proper avenue to pursue is to seek a modification through the filing of a Supplemental Petition for Modification.  In such a petition, the parent seeking modification must fully state the reasons as to why they can no longer make their Court-ordered support payments, including indicating when the income reduction started and how long the situation may be expected to last.   

here are two main issues with requesting child support modifications during the Covid-19 pandemic that I can see.  The first issue is whether or not a parent’s reduction in income would constitute a long-term change or a change that is more permanent in nature, versus a temporary reduction in income that has the potential, in the near future, to go back to pre-Covid 19 levels.  This is evaluated on a case-by-case basis and determined by the industry in which a paying parent works, including the ability of that industry to get back going again.  For example, if a parent is furloughed from their employment, but expected to return to work by June, then it may be difficult to argue to the Court for a modification of your support obligations.  If however, you work in an industry, or at a job that may not bounce back quickly, or at all, then your chances of obtaining a modification of your child support amounts would be greatly increased.   

he other main issue that could arise, depending on the county in which you live, is how to access to Court system during Covid-19.  Back in March, the Florida Supreme Court issued orders that effectively closed courthouses throughout the State for all but essential court proceedings through the end of May.  Under the guidelines provided by the Florida Supreme Court, the lower courts throughout Florida are to try to continue court services and proceedings using whatever technology is available to them.  This means many non-essential hearings, such as child support issues, may be able to be heard telephonically or even by video until the Courts reopen to the public.  

Each county is handling these issues slightly differently, with some counties moving full steam ahead with video and telephonic hearings, while others are only hearing essential matters, so if you have questions about your child support during Covid-19 it’s important to speak with an experienced family law attorney to discuss your specific case and circumstances.  Attorney Russell J. Frank is a partner at CPLS, P.A., and focuses his practice areas on family and marital law.  Contact Attorney Frank today at rfrank@cplspa.com to discuss any family or marital legal issues you may be experiencing.