The global pandemic is creating turmoil and uncertainty in almost all facets of our lives. The justice system is not immune from unpredictable changes. It’s difficult to know when you’ll have access to court services to get relief and closure.
So how do you mitigate possible delays and uncertainty? If you’re going through a divorce, you can use an alternative dispute resolution option, such as arbitration. Working with your spouse and an arbitrator can also be faster and less expensive than a Family Court trial.
Arbitration is most useful when the parties are unable to reach an agreement and the procedural requirements for a Family Court trial would be too costly or problematic. In arbitration, an unbiased, mutually-agreed upon decision-maker – usually a family law attorney – acts as a private judge, or arbitrator, to resolve the disputes in the divorce that stand between you and finality.
Each side presents their position and is allowed to present the arbitrator with documents and/or testimony in support of their requests. After hearing from both parties and any related witnesses, and reviewing all supporting documents, the arbitrator issues a binding decision.
Arbitration has many advantages – In addition to choosing the decision-maker, as well as the time and location of the trial, arbitration also allows less formal proceedings with no time limit (unlike the limits of the courthouse) and you’ll receive a written decision in as few as 15 days, as compared to a judge’s decision which may take weeks or months to return.
The family law team at Porter McGuire Kiakona, is ready to answer your questions and guide you through the divorce process in the most efficient and cost-effective manner.
As Covid-19 continues to change the way we go about our daily lives, many families are dealing with the added reality of some degree of distance learning as the school year begins. Most custody agreements lack stipulations for how distance learning and the surrounding custody and visitation will work and it raises questions for many families about child support, daytime child custody and extra child-care and school expenses.
There are non-judicial steps you can take to best provide for the needs of your children during this time, including filing a stop-gap temporary agreement that can be reviewed after a specific time limit. Call the Family Law team at PMK to assist you in creating the best short-term child custody solution to meet the needs of your specific situation.
The COVID-19 pandemic has forced many businesses to shut down, leading to significant reduction or loss of income for many members of our community. If you are required by a court order to pay child support, uncertainty regarding how to meet this financial obligation can cause you additional financial stress. If you rely on child support, the current economic climate may create an increased sense of urgency and financial insecurity.
If You Can’t Meet Your Child Support Obligation
As the payor responsible for providing child support to the custodial parent, you must continue making court ordered payments until you obtain a court order changing or terminating your obligation. However, if you are experiencing financial limitations due to a pay cut or lay off, you may have a reasonable legal basis to request a reduction in your child support payments.
The family law team at PMK can educate you on your rights and assist you in obtaining relief by assisting in working out an agreement between you and your co-parent that temporarily adjusts the child support payments to accommodate the current financial situation or, if needed, to seek modification with the Family Court or with the Child Support Enforcement Agency (CSEA). Remember that time is of the essence in requesting a legal change to any child support obligation as amounts owed for past months (or years) cannot be modified going backward.
You Aren’t Receiving Your Court-Ordered Support
If have a court order to receive child support payments from your co-parent but they have stopped paying, you may be able to seek relief through the CSEA or the Family Court to ensure payments continue or, if your co-parent has lost his or her job, that financial support obligations are adjusted to ensure you receive a reasonable portion of the pay you are receiving. PMK can educate you on your options to seek relief through changing financial circumstances in these uncertain times.
The justice system is not immune to the uncertainty of our times. Just like many businesses, state court business hours and procedures are changing almost daily. As a result, it’s difficult to know when (or if) you’ll have access to court services, adding one more frustration in already difficult times.
So how do you mitigate possible delays and frustrations? If you’re going through a divorce, you can use an alternate dispute resolution strategy (ADR). Working with your spouse and an arbitrator or mediator can be faster, less expensive, and remove some of the uncertainty around the divorce process.
Mediation
In mediation, the parties work together with a trained mediator who facilitates conversation and resolution. When using mediation, you should always seek legal counsel before signing any documents or agreements to ensure your rights are protected.
Arbitration
If you are unable to reach an agreement with your spouse, you can choose arbitration. In arbitration, the parties hire a family law attorney who acts as a private judge to resolve the remaining disputes and moves the case forward on a timetable that is often faster than proceeding through the Family Court. Each side is given an opportunity to obtain important documents and information, to present their position through documents and/or witnesses. After hearing from both parties and any required experts, and reviewing all supporting documents, the arbitrator will issue a binding decision.
The family law team at PMK can help you find the best solution for your situation.
PMK partnered with HUGS to sponsor two, socially distanced, Dad’s nights at the Old Spaghetti Factory on July 14th and 15th. HUGS is an organization that helps strengthen Hawaii’s families and improve their quality of life as they face the emotional and financial hardships of caring for a seriously ill child.
With the added hardships and stress from the global pandemic, the dads appreciated taking a safe break and spending time with others that they hadn’t seen in months. We are honored to provide these deserving parents a night for themselves and to support an organization that impacts many local families.
To learn more about HUGS, visit https://www.hugshawaii.org/.
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