Navigating Disaster in Divorce and Custody Arrangements
The wildfires that recently ripped through our community reminded us all: life can change at any moment. More than 16,000 structures have been destroyed. Tens of billions of dollars in damage have been reported. The news reports on people who have lost everything – but these fires did not just affect a nameless, faceless mass of “people.” It was the single mom who lost her home. The dad who has been putting in overtime every weekend to keep his business afloat, watching it burn down. The kids who can no longer go to school with their friends, because the school they have attended since pre-school no longer exists.
Divorce and custody agreements or arrangements deal with the nitty gritty details of how to handle life as you know it. But what about when life, as you know it, gets turned totally upside down? We all need to think through how to roll with those punches in order to carry on. This is particularly true of those who find themselves co-parenting, or in the midst of a divorce or separation when life’s disasters strike. This article aims to discuss some of the processes in place that can help. While this article scratches the surface with some general tips, sudden life changes are dynamic, ever-shifting things. To get real, professional advice tailored to your own unique circumstances, contact an esteemed legal professional, such as the child custody and visitation attorney at the Law Office of Bradley S. Sandler.
Spousal Support
When a lower-earning spouse receives child support payments, that payment was never meant to act as a punishment to the “payor” spouse. The spousal support payment is simply meant to help support the lower earning spouse as that individual transitions into their new life. The payments help them maintain a similar quality of living that they enjoyed during the course of the marriage, during a transitional period in which they are meant to make whatever changes necessary to live their life independently in the future.
As detailed above, the idea of spousal support works on the grand scale. But when disaster strikes, life circumstances can change. For instance, many businesses burned down in the recent wildfires. Imagine that a recently divorced father who is paying child support just lost his family business – the only avenue he has of putting food on the table. While a spousal support payment of $10,000 a month may have been perfectly reasonable at the time of the divorce settlement, anyone could see that the hardship created by the wildfire could make the payment unfeasible. This dramatic change in circumstances could lead to the established spousal-support order seeming not only burdensome, but entirely unfair.
The California court system recognizes that life circumstances can change, and does allow individuals to file formal petitions to request adjustments to court orders, such as a spousal support order, due to dramatic changes in circumstances.
It is important to note that changes are not guaranteed, nor are they automatic. A person who loses their job cannot single-handedly decide that they are now off the hook for making support payments. An official court order can only be changed by the court itself.
Child Custody Issues
Child custody arrangements are often problematic under the best of circumstances. Parents often come to meticulous agreements about precisely where kids can stay, with whom, and with specific limitations on how far away from given areas the child can be moved. What school the children attend, what extracurricular activities….the fires have displaced so many families, destroyed so many schools, and made it impossible for parents to follow the exact guidelines of their parenting agreements.
When possible, it serves parents to be flexible, and modifications to official documents can be made by the court. Mediators might be called in to help negotiate necessary changes, even temporary solutions. A legal professional can stand in your corner, ensuring that your best interests are looked after.
Contact the Law Office of Bradley S. Sandler
Disaster and sudden life changes impact everyone at one point or another. The experienced divorce attorney at the law office of Bradley S. Sandler can help you find the best solutions through whatever legal challenges you find yourself in. Contact our office today to begin discussing your own situation with our team.
Sources
https://www.cnn.com/2025/02/13/weather/california-rain-wildfires-burn-scars-threat-hnk/index.html
https://selfhelp.courts.ca.gov/request-for-order/custody-visitation