Covid-19 – Family Law Update

How Family Cases are progressing during the Pandemic

Since last writing, in May, 2020, there has been much progression with family law cases.  Up until then, the courts were still only hearing emergency matters and had just begun to accept some agreements without court appearances by the parties.  Starting in June, the courts began holding status conferences and pretrials with judges remotely.  The status conferences were an attempt to triage cases for future court attention.  The pretrials were an attempt to settle and dispose of cases.  The first remote hearings began at the end of July.  It was a bit like the “Wild West” as attorneys and the courts navigated the ever-changing rules concerning remote hearing procedure.  Over six months time, and a lot of “clarification,” later and things are still murky.  I’ve determined that the best approach is to just go with what I think is the correct procedure given the guidance provided and ask for assistance when needed.  It may not be surprising to hear that often the clerks and judges don’t have all the answers either.  Together we’ve been able to sort through the uncertainties with the joint goal of moving the cases forward in a fair and consistent manner.  Communication, empathy and humbleness are key.  I’m pleased to report that I’ve gone through many, many remote hearings successfully.  It’s not ideal, but it can be done.

In an attempt to address the growing backlog of cases filed, the courts have instituted many different remote proceedings.  Some were tried for a short period of time and discontinued.  Some remain.  It has been interesting (and sometimes frustrating) to be a part of this process.   Even the court’s handling of emergency “Priority 1” cases has evolved.  These are the only cases, still, that take place in person at the courthouse.  My first such hearing in early April did not even require that I wear a mask(!).  I think I showed up in a scarf only because it was very cold.  Everyone was told to wait outside.  They took my cell phone number and told me to wait for a call.  My “meeting” with Family Relations was replaced by a phone call where they took down my information and then called the other party to discuss the case with them.  Then called me back…. Not too successful in reaching an agreement as you might imagine.  When we were allowed to go in, it was as if we all had the plague.  The spacing was comical but understandable.  The witnesses were not allowed to “take the stand” and instead were told to testify from counsel’s table (it was OK if the client was next to me, just not the court personnel…..).   Remember when people were afraid to touch paper?  I couldn’t get the clerk to take my Appearance Form.  Finally a marshal with gloves grabbed it and placed it on her desk which did not make her happy.  It’s probably still there.  Well, we made it through the hearing, regardless.

My next hearing was in another court a few weeks later.  By then I had to wear a mask and they were letting attorneys come into the court to sign in but not sit down as all the benches were either removed or blocked from use.  My client had to wait in the car.  Family Relations was still by phone.  When time for our hearing, my client and I were actually put in a courtroom with a monitor while the other party and attorney went into another courtroom with the judge, marshal, clerk (basically everyone else).  We were forced to stand on top of one another in order to both utilize the monitor (so much for social distancing).  As if this was not bad enough, the video camera feeding the monitor was only pointing at the judge.  This was fine when I was talking or listening to the judge but appalling when I was trying to examine the witness and listen to opposing counsel.  I don’t know for sure, but I think this very unfair set-up was quickly aborted.  I have yet to talk with another attorney who experienced such a situation.

Since then, I’ve attended several more emergency hearings and things are getting more and more “normal.”  Family Relations meetings for Priority 1 cases returned to an in-person, albeit socially distanced, affair.  I and my client have been able to enter the courthouse and move pretty freely about the building.  Everyone is in the same courtroom and addresses the Court in the same manner.

Some districts are moving slower than others, for sure, leaving many wondering if their cases will ever be heard.  I am hopeful that these courts will gain traction in the near future.  It is important to keep inquiring about these stagnant cases.

It is my fervent hope that we will return to in-person justice soon.  While I am in favor of retaining some of the remote processes, no amount of technology can replace the immeasurable benefits of live examination, testimony and argument for hearings and trials.

Covid-19 Deaths and Workers’ Compensation

According to research, most people who contract the Coronavirus go on to make a full recovery. Many don’t even develop any significant symptoms. These workers quarantine and either work from home or receive some form of payment for lost work.  Some people, as we know from the news, are not so lucky. Their Covid-19 symptoms are severe. Some causing death.  My understanding is that the majority of these victims have been elderly and were probably out of the workforce, making them ineligible for workers’ compensation claims. However, if these people were employed, elderly or not, they or their families may be eligible for workers’ compensation benefits.

If they died due to Covid-19, their spouses and/or dependents can file a claim for workers’ compensation survivor benefits.  Like all workers’ compensation claims, the burden is on the worker or worker’s spouse/children to prove that the Coronavirus infection and death were related to the worker’s job.  Given the unusual circumstances of the pandemic, certain laws have been entered that make this burden a bit easier for certain employees.  This is especially true if the deceased employee was deemed an essential worker and lost time from work, between March 10 and May 20, 2020, due to contracting Covid-19 during this period.

Survivors’ benefits include funeral expenses and potentially weekly compensation benefits. If you lost a spouse or parent due to Covid-19 and think the disease may have been contracted at work, it is in your best interest to contact a workers’ compensation attorney to evaluate your case and determine if you have a valid claim.

BANKRUPTCY & DEBT RELIEF AFTER COVID-19

Tens of millions of people lost their jobs because of Covid-19.  Less than half have returned back to work.  More than 50% have not.  The pandemic has hit the restaurant, travel, bar and retail & beauty industries the hardest.  If you’ve become re-employed but are carrying high debt, bankruptcy can protect your income and provide relief.  If you are still out of work, bankruptcy can protect your assets.  More importantly, it will also help with your credit score which will assist in obtaining employment.  The smaller job market has resulted in employers being more selective with applicants.  Your credit score is a significant part of that selection process.

The decision to file for bankruptcy is a difficult and emotional one. However, if you qualify to file for Chapter 7 Bankruptcy, it is almost always the right decision for you and your family’s future. In more than 30 years of helping people achieve a brighter financial future with the help of bankruptcy laws, I have never had one client tell me it was the wrong decision.

While bankruptcy may initially, negatively affect your credit, its impact may not be as detrimental as some think. Most people who qualify to file bankruptcy already have delinquencies, high credit balances, liens, judgments, foreclosures and or other issues that are negatively affecting their credit. In most cases, these individuals are not able to obtain financing or better employment.  Bankruptcy does not make this worse. Bankruptcy creates a clean slate allowing one to start rebuilding their credit immediately.

It is possible to improve your credit score relatively quick, but you must first resolve your outstanding debt. The Attorneys at Bellenot & Boufford LLC can help you resolve your debt and better understand your credit report so you can improve your credit score, lower your expenses and provide a better quality of life for your family.

Bankruptcy is not the end of your financial life, it is the beginning of a better, brighter, financial future. It starts by downloading our Bankruptcy document checklist which identifies the documents that we will need to review your financial situation.

COVID-19 Progress: Courts now taking AGREEMENTS on the Papers which means NO COURT APPEARANCE NECESSARY

Up until recently, the courts were only handling emergency matters, what they call “Priority 1”.  All other matters, no matter how urgent they are to you or if uncontested, had to wait.  Since the beginning of the month, the work the court is handling has been expanding.  The biggest change involves the elimination of the requirement to come to court in order to get agreements approved.  Right now, if you have a full agreement and prepare the necessary paperwork correctly, you can obtain final orders/approvals of agreements in the following matters without having to appear in court:

  • Divorce
  • Legal Separation
  • Custody
  • Visitation
  • Contempt Motions
  • Modification Motions

Attorneys are considered essential workers and have been fully able to work throughout this process.  If you have one of the above matters pending during this pandemic, there is little reason why your attorney is not working on your case to move it forward in an attempt to reach an agreement.  Your attorney has been able to proceed.  If they have not, it is in your best interest to contact them and request they do so.  We do not know if this elimination of court appearances will continue beyond the pandemic response.

If you do not have a case pending but would like to proceed with one, it is not too late to start the process.  If the matter is by agreement, it can likely be completed and filed before this rule changes.

Going to court is not a terrible thing, but most find it inconvenient.  You have to miss work/arrange for child care, travel to court, wait for your turn (which could be a lengthy time) with others, take the stand and publicly testify about the terms of your agreement (which could include personal information).  Had it been an option in the past, most of the clients I’ve worked with would have greatly preferred avoiding court and having their matter approved in private by the judge.  There is also the added benefit of not having to pay your attorney to go to court.  This greatly reduces your cost and should be an added incentive to reach agreements.

Unfortunately, not all matters proceed by agreement and the extent of the disagreement justifies the time and expense of a hearing.  Contested matters are still being filed but have to wait for the courts to be able to accommodate a hearing.  They are only just now starting to schedule contested matters and the dates being given are months away.

If you have any questions or would like assistance with your uncontested or contested matter, please do not hesitate to contact my office.  We have been fully operational, working remotely, and have moved cases forward (and completed some) as much as possible given court restraints and opposing counsel/party cooperation (which hasn’t always been great). We are here to help and will continue to keep you informed as the courts continue to expand services.  Be well.

Written 5/13/2020