The CARES Act specifically states that where a payment is made in connection with a joint return, half of the credit shall be treated as having been made to each individual filing the return. For some people, these augmented unemployment benefits are close to what they were making before they lost their jobs. All states have executed agreements with the Department of Labor as of March 28, 2020. (Usually, although if this is a divorce and the vacation pay was earned during marriage and prior to separation, then this is actually a marital asset!) This would potentially leave a similar impact on the issues of attorneys’ fees and professionals’ fees, as the distributions could create more liquidity and would be a source for payment of fees. These distributions are limited to individuals who are diagnosed with COVID-19 or test positive for the SARS-CoV-2 virus, who have a spouse or dependent who is diagnosed with COVID-19 or tests positive for the virus, or who have experienced adverse financial consequences resulting from reduced work hours, layoffs, furloughs or lack of childcare. workers' compensation benefits, unemployment insurance benefits, strike pay, and disability insurance benefits); Gifts and prizes (including lottery and gambling winnings); Education grants (including fellowships or subsidies that are available for personal living expenses); Income of a new spouse, to the extent that income directly reduces expenses of the parent; Income from self-employment (including rent, royalties, and benefits allocated to an individual for a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor). To help the average family make ends meet, Congress passed the CARES Act, which increased the weekly benefits individuals can receive if eligible for unemployment assistance. In Massachusetts, workers who are eligible for unemployment benefits receive approximately 50 percent of their lost income, subject to a maximum, or “cap,” of $823 per week. Even if you apply for a modification, the state law requires that you pay a minimum of child support per month. Our staff and attorneys have full remote access to all our office's resources in the event of mandatory quarantine or shelter-in-place order. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. •
Before seeking to modify your child support order, you should obtain information on what unemployment insurance benefits will be available to you. In addition, unemployment benefits are considered income, and will be used as your net income for child support calculation. In a situation in which two parents who filed jointly for 2018 and were divorced by 2019 and neither has filed their 2019 returns, if the IRS does not have the parties’ account information or if the account on file from 2018 is no longer open, a refund check in the name of both parties will be sent to the address on their most recent tax return. Vacation pay = income available for support. It may appear that one parent is receiving a “windfall” just because they have claimed or will claim the child(ren) in 2018 or 2019.
For figuring base pay, "earnings" is straightforward -- the full amount of compensation that your former employer paid you. Child support obligations are based on the parents “income.” What constitutes “income,” though, is not always straightforward, especially for people who are not making a regular salary, or who have multiple streams of revenue. The Coronavirus Aid, Relief, and Economic Security (CARES) Act — signed into law on March 27, 2020 with the intention of providing emergency assistance for individuals, families and businesses impacted by the coronavirus COVID-19 pandemic — has multiple family law implications.
Schedule a free consultation with Carmela M. Miraglia today at (781) 253-2049 or send her an email.