Divorce in the Time of Coronavirus

As we all try and process and adapt to the daily changes created by coronavirus, divorced and divorcing couples may be especially impacted in these specific issues:

Parenting Time/Travel: The virus and shutdown of much of regular life could not have come at a worse time for parents who are allocated Spring Break parenting time; especially out-of-state parents who often only get to exercise parenting time during periods when school is not in session. These time periods are difficult to make-up. Parties must now weigh court-ordered parenting time--which may likley involve air travel--versus a child's safety potentially being jeopardized, with no one knowing which answer is the correct one. There are also considerations for parenting time in general. Does a parent have a right to refuse parenting time if Junior has the sniffles? If one parent is sick, should they relinquish the child to the other parent until they get better? If so, when should the child be returned? Do parents have the right to suspend parenting time if they are practicing self-isolation and/or self-quarantine measures or if the other parent may have a high risk of exposure, but shows no symptoms? 

Child Support and Maintenance: Social distancing, self-quarantines and mandatory business closings are already having a ripple effect throughout our economy. Parents may not be currently working, may have their work hours substantially cut, or may face a changing work environment once the crisis is over. Would the economic impact caused by coronavirus be the basis for a substantial change in circumstances warranting a modification of child support and/or maintenance? Would non-compliance with child support and/or maintenance orders due to coronavirus be the basis for a finding of contempt? 

Child Related Expenses: Mass school closures will necessitate additional child/day care expenses and/or additional costs for extracurricular activities which may be beyond a party's ability to pay for the additional expenses. What is the obligation of a party who finds their child care expenses doubling in the month of March while their income is halved? What is their liability?

The Illinois Marriage and Dissolution of Marriage Act and existing case law unfortunately does not provide much guidance during global pandemics. However, if you have questions or concerns about what your rights, obligations and options are during these trying times, please call Gordon Nelson Law.