Modifying Child Support, Alimony and Support Obligations Due to the Covid-19 Pandemic

By Mark F. Booth, Esq.

The Covid-19 pandemic has caused an unprecedented number of Floridians to experience layoffs, furloughs, and reduced hours. According to an article in the Sun-Sentinel dated June 19, 2020, the Unemployment rate hit 14.5% in Florida with 1.4 million people out of work. Unemployment in Broward County jumped to 16% from 14.9% in April.  Many Floridians who have lost employment due to the Covid-19 pandemic are suddenly without an income to meet their monthly child support or alimony obligations.

Under Florida Law, to obtain a downward modification of child support or alimony obligation the Obligor has the burden to show a substantial change in circumstances that is material, involuntary, permanent, and not contemplated at the time of the final judgment of dissolution of marriage. Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992). Moreover, “Where the alimony sought to be modified was ... set by the court upon an agreement of the parties, the party who seeks a change carries a heavier than usual burden of proof.” Tinsley v. Tinsley, 502 So.2d 997, 998 (Fla. 2d DCA 1987). The showing of an Obligor’s loss of income due to the Covid-19 shut down as a substantial, material and involuntary change in circumstances, not contemplated at the time of the final judgment of divorce, should not be a problem for most attorneys. The issue that arises is whether the Courts will require the Obligor to prove the element of a “permanent” change in circumstances in order to grant a reduction or termination of alimony or child support obligations. The answer to this question depends on a variety of factors, which may include the Court’s preconceived disposition of the Covid-19 pandemic. While most people believe and hope that the coronavirus will only be a temporary problem, those who have lost income need an immediate remedy form an impartial Court.  However, there are cases in Florida that may provide some assistance. See Ronan v. Ronan, 621 So. 2d 518 (Fla. 1st DCA 1993); McIntosh v. McIntosh, 915 So. 2d 742 (Fla. 5th DCA 2005); and Freeman v. Freeman, 615 So. 2d 225 (Fla. 5th DCA 1993). Essentially, these cases show that if a modification is needed but the change in circumstances is not permanent, you can still seek a temporary modification. Moreover, the court in Freeman defines permanent by stating “‘permanent’ does not mean ‘forever’; rather, it only requires a showing that the change is ‘not temporary or transient,’ but encompasses ‘an extended period of time.’” In general, an extended period of time means over a year with no apparent end in sight. Woolf v. Woolf, 901 So. 2d 905, 912 (Fla. 4th DCA 2005).

For those Obligors of monthly child support and/or alimony payments who have experienced a substantial loss of income due to the Covid-19 pandemic, seeking a downward modification may be your only means to avoid financial disaster.  In that, a modification can only relate back to the date of filing, as opposed to when the Obligor actually experienced the loss of income, filing as soon as possible is highly recommended.