Navigating Divorce and Custody Amidst Disaster
The entire country watched, day after day, as the Eaton and Palisades fires in California destroyed over 16,000 structures and burned tens of thousands of acres. Los Angeles, one of the most densely populated cities in the country, has been devastated by the unprecedented wildfires. Damages are estimated to be in the tens of billions of dollars. Countless people have lost their homes, lost their businesses, their vehicles, their belongings, and their sense of security in knowing exactly what they are going to do next.
No one can choose when outside forces cause disasters and outright calamity in your own life. Many of the individuals impacted in the California wildfires were couples navigating their way through a property division negotiation. Co-parents doing their best to support their kids through an agreed parenting plan and custody arrangement. Now, those routines have been dashed. Families are displaced. Reportedly, many assets, including homes, were not insured.
Loss of a home, loss of income, loss of stability – the recent natural disasters in California highlight that the unexpected can hit at any moment. If you yourself find yourself hit with a disaster – be it on a large scale like the fires in California, or on a more personal level like a job loss or home foreclosure – you might be asking what you can do to help navigate through the thick of it more smoothly. This article aims to help.
Spousal Support Modification
In divorce, spousal support is often ordered to be paid to the lower-earning spouse. This money is not meant to be a penalty, it is simply a tool to help enable the lower-earning spouse to transition into a life that is not supported by the higher earning spouse.
A significant change in circumstances, such as the loss of a business or the loss of a job, could make an existing spousal support order extraordinarily burdensome. The courts recognize that changes in circumstances might occur after the time of their initial order. Because of this, it is possible to file a request to modify a spousal support order and take into consideration the newfound circumstances.
This is not automatically granted, and it may not be a permanent solution. An experienced family law attorney can help you understand the nuances of this process and help you take next steps.
Child Custody Arrangements
The loss of a home and the need to find new, appropriate lodging could strain some parenting plan and child custody arrangements. Displaced, relocating families may struggle with provisions that specify what home a child is allowed to reside in, and provisions that prohibit moving the child away within a certain distance from their existing home.
Other issues, such as school of choice, may also rear their head. Choosing what school a child is to attend is often a highly-discussed and negotiated issue during the course of a divorce and child custody suit.
In whatever circumstances a family faces: structure, flexibility, and cooperation (where possible) are paramount. If you find yourself in changed circumstances, coming together with a co-parent to find the best solution for your kids will often involve some renegotiation and flexibility. Experienced mediators and legal professionals can help as you navigate toward a new normal.
Contact Fort, Holloway & Rogers
The Franklin family law attorneys at Fort, Holloway & Rogers have helped many clients through issues they never anticipated they would need to face. Our experienced team is prepared to listen to the details of your case and provide sound legal counsel – whatever comes your way.
Sources:
cnn.com/2025/02/13/weather/california-rain-wildfires-burn-scars-threat-hnk/index.html
tn.gov/humanservices/for-families/child-support-services/review-and-adjustment.html
