April 28, 2025 • 21 mins
Federal employees across Northern Virginia face a perfect storm of family law challenges as return-to-office mandates and widespread agency layoffs upend carefully balanced custody arrangements and support obligations. Nicole Grejda, an attorney at Curran Moher Wies, provides critical insights for navigating these sudden disruptions that few saw coming in this episode of Attorneys Dedicated to Family Law.
Contact experienced family law counsel immediately when job changes seem likely rather than waiting until support payments become impossible or custody schedules break down. While navigating these challenges isn't easy, understanding your legal options provides essential clarity during this uncertain time.
Subscribe for more family law insights from Curran Moher Weis attorneys.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:02):
Welcome to Attorneys Dedicated to Family Law, the
podcast where our experiencedattorneys at Curran Moher Weiss
guide you through thecomplexities of family law,
whether you're facing a divorce,custody dispute or financial
matters.
Our dedicated team is here toprovide strategic insight and
practical advice.
Each episode, one of ourattorneys will dive into key
(00:25):
legal topics and help younavigate your unique situation
with confidence.
Let's get started.
Speaker 2 (00:34):
Well, welcome listeners and viewers.
I'm Charlie McDermott, producerof the show, and today I am
here with attorney Nicole Greta.
Nicole, how are you doing?
Speaker 3 (00:44):
I'm well, Charlie.
How are you?
Thanks for having me.
Speaker 2 (00:47):
Yeah, yeah, absolutely.
And boy, what a timely, timelytopic we have today.
So so great you're able tospend time here.
Speaker 3 (00:57):
Yes, absolutely.
Speaker 2 (00:58):
Yeah, so let me update the audience on your
background and then we'll.
I've got a series of questionsfor you that I think it's going
to be really, really helpful forthe audience.
So Nicole is a trusted advisorand advocate for individuals
navigating complex family lawmatters, from divorce and child
custody to support andpost-divorce modifications.
(01:22):
She's known for her strongnegotiation skills,
compassionate approach anddedication to helping her
clients achieve positiveoutcomes.
In today's episode, we're divinginto a topic that's becoming
more and more relevant how childsupport and custody rulings can
be impacted when federalemployees lose their jobs or are
(01:45):
required to return to theoffice.
With so many families inNorthern Virginia affected by
these changes, we'll break downwhat you need to know and the
legal options available.
All right, so, yes, talk abouttimely.
As I mentioned to you before wehit the record button here, you
(02:05):
know I never really thoughtabout the ripple effect of all
the changes that are happeningin Washington and elsewhere, but
certainly in your region.
So this this is going to be, asI mentioned earlier, really,
really helpful.
So let's start Nicole with canyou explain why federal job
changes are becoming asignificant issue in family law
(02:28):
cases?
Speaker 3 (02:29):
Yeah, absolutely Again.
Thank you so much for having me.
As you said, this is verytimely.
In 2025, president Trump issueda return to in-person work
(02:58):
mandate to all federaldepartments and agencies,
requiring its employees toreturn to work at their
respective duty stations on afull-time basis.
Actions have caused widespreadfirings throughout the federal
workforce, with most employeesnot being offered any sort of
severance pay or additionallong-term days to continue to be
employed.
President Trump also plans toabolish or gut some other
(03:20):
agencies, like the US Departmentof Education, which alone
employs approximately 4,000people, which is, you know, a
lot just for one agency.
Speaker 2 (03:32):
Wow, wow.
And a good portion of thoselive in the Northern Virginia
area.
Speaker 3 (03:39):
A good portion live in the Northern Virginia area.
Not only do they live in theNorthern Virginia area, but
they're living, you know, maybein counties that are close to
West Virginia or Maryland, ormaybe they've been with their
federal agency for so long.
Maybe they work for the patentoffice or the Department of
(04:00):
Transportation, where they havetenure where they can actually
live somewhere like Californiaor Colorado, because they were
working remotely and not beingrequired to actually be in a
government building in DC.
Speaker 2 (04:13):
Yeah, yeah, yeah, boy , a lot of changes, yeah A lot,
a lot.
Speaker 3 (04:20):
And it was very sudden too.
Speaker 2 (04:22):
Yeah, yeah, yeah.
So what kind of family lawissues arise when a federal
employee loses their job or hasto change their work
arrangements?
Speaker 3 (04:33):
Yeah.
So the return to work mandateand the massive layoffs have
caused a lot of federal workersor their families' ability to
meet those court-ordered custodyand visitation arrangements and
the ability for that employeeto meet their child support
obligations, for example forspousal or child support
(04:57):
obligations.
If that federal employee losestheir job due to no fault of
their own, they find out they'rebeing laid off and they
experience a significant changeor decrease in their gross
incomes or they lose healthinsurance benefits for the
family, they may have a materialchange in circumstances to seek
(05:19):
a decrease of their spousalsupport or child support
obligation.
And that material change incircumstances is what a court
looks to for when determining ifthat child support or that
spousal support amount should bemodified in any way.
(05:40):
That material change looksdifferent for everyone.
You know it's basedspecifically on that family's
circumstances and what haschanged since the parties have
either made a settlementagreement about.
You know the support amount orsince the court has entered an
(06:03):
order about you know the paymentof child or spousal support.
You know if someone's incomegoes from, say, $200,000 with
benefits to zero and they losehealth insurance, you know that
might be seen as material.
If someone receives a demotionand maybe earns $15,000 less per
(06:26):
year and doesn't lose insurancebenefits.
You know, it might not be seenas material change.
Speaker 2 (06:35):
So and I think you covered most of it here but just
to make sure, especially forlisteners who are in that
category of a federal employeewho loses their job, how does
that affect their spousal and orchild support obligations at
that point?
Speaker 3 (06:54):
Yeah.
So what they would need to dois they would want to notify
either their attorney and ortheir spouse and, you know, let
them know that I'm losing my joband my income is decreasing
from one amount to another and Ican no longer afford to pay at
(07:15):
the rate that I've been orderedor agreed to pay.
And you know we need to come tosome sort of other arrangement,
otherwise, you know I will bein arrears for what I'm ordered
to pay.
Speaker 2 (07:29):
Okay, so is that then typically handled you know
spouse to spouse, or you knowex-partner or does it involve
you getting involved?
How does that work?
Speaker 3 (07:41):
Yeah, so typically if someone needs to modify support
amount because of somethinglike this, a job layoff or a
firing, they will need tomemorialize that new agreement,
that new amount, into a newcourt order for it to be
effective.
It's always best if you canwork with your spouse directly
(08:04):
or your ex-partner directly.
It's usually best for yourfamily if you can negotiate an
amicable settlement and stay outof court.
But if you can't, we certainlycan help you navigate how to
litigate this in court, whatkind of documents and
information you need to do that.
But typically it starts withtrying to resolve it outside of
(08:25):
court and if you can't, then youknow you certainly can use all
you know judicial remedies thatare appropriate.
Speaker 2 (08:34):
Okay, makes sense Makes sense.
Yeah, yeah, I guess as much aspossible.
You want to stay out of court.
Speaker 3 (08:41):
I mean you know and sometimes you can't avoid it,
but it's.
You know, typically, at leastwith support, you really need to
make sure that that newagreement, as the amount, is put
into a new court order so thatthere's no confusion as to what
amounts are to be paid on amonthly basis.
(09:01):
Okay, Okay.
Speaker 2 (09:04):
So how about the federal employee who takes a
lower paying job after beinglaid off?
Can they reduce their supportpayments at that point?
Speaker 3 (09:13):
Yeah, I hate to give the typical lawyer response of
it depends, but the market inthis area is extremely saturated
with people looking for jobsdue to the massive government
layoffs.
If the jobs are simply notavailable at the same pay rate
you know they're just notavailable and the former federal
(09:35):
employee may be forced to takea lower paying job to make ends
meet.
They might have increased costsof insurance, which you know
may justify a reduction insupport.
However, if there are payingjobs out there and I'm not just
saying federal jobs but jobs inthe private sector that are
available, that fit thatperson's skills, education
(09:58):
experience, that are available,that fit that person's skills,
education experience, forexample, a court may impute a
higher income to that person.
When recalculating spousal orchild support, the court may say
you might only be making$50,000, but based on where you
went to school, how long you'veworked at this company, the
(10:21):
projects you've worked on, youreally should be making 100.
So it kind of is a phantomincome calculation to you that
they will impute prior tocalculating the support amount.
Speaker 2 (10:35):
OK, ok.
So then the you know you'rekind of nudged to continue to
look for a higher paying job atthat point Exactly, I mean
you're going to try to look forthe best thing that you can find
, and I really.
Speaker 3 (10:48):
It's case specific If you can prove that you've
applied to everything out thereand this is, you know,
everything that you know I canfind.
And unfortunately there'shiring freezes or there's,
they're just not accepting mebecause they've already filled
the position.
Yeah, it also kind of dependshow much less the new job pays
(11:13):
If it's not substantial, or yougot this new job that pays a lot
less because there's atemporary hiring freeze and you
know that you might be able toget a job six months later at
the higher amount.
It may not constitute a changeyou know, material or
substantial enough to justify areduction in your spousal
(11:37):
support or child supportpayments.
Speaker 2 (11:40):
Okay, okay.
So how then does the return tooffice mandate impact existing
custody agreements?
Speaker 3 (11:52):
Sure.
So you know a lot of federalworkers and their families.
Like I said earlier, they don'tlive in Washington DC proper.
Many people live in countiesthat border Maryland or West
Virginia, clark County, loudounCounty.
The cost of living can be lowerin some of these western
counties and the employeesdidn't have to commute to
(12:13):
in-person work so it reallydidn't matter where they lived.
If now they're forced to travelto and from that federal agency
and it's located at a greatdistance from their home,
they're spending more time intheir cars, less time at home
with their children.
They may not be able to followthe very specific outline
(12:34):
parenting plan that says when achild is with each parent.
Typically parenting plans willsay parent one has the child
from Monday through Wednesday atcertain times and then the next
parent has the child Wednesdaythrough Friday at certain times.
If parent A is now required totravel from Clark County to
(12:59):
Washington DC, it's probablyunlikely that that parent is
able to drop off or pick uptheir child from school like
they have, or at the bus stopthey might need to.
They might not be able toexercise midweek visits with the
child, which often happens inparenting plans, where during
(13:21):
the other parent's custodialweek, the non-custodial parent
gets to take the child out todinner or gets to take them to
extracurricular activities.
That's probably not going tohappen.
Also, a lot of federal workershad the luxury of providing
(13:41):
in-home child care, maybe fornon-school age children, while
they were working remotely fromhome.
Say, you have a six month oldand you know that you can put
them on the play mat or abouncer while you're logging in.
Now they can't do that andthey're in immediate need for a
third-party caregiver or helpfrom the non-custodial parent,
(14:05):
which may require, you know, amodification of their agreement
where the other parent has moretime with the children or
increases the cost of thirdparty caregiver.
Speaker 2 (14:20):
Wow, I mean I, you got to feel for those
individuals.
I mean so many different, likeI said in the beginning, is that
ripple effect?
You know, so many differentparts of their lives are
changing and you need to adapt.
And then, of course, you havethe whole agreements that are in
place that now need to be, Iguess, modified or at least
(14:41):
communicated, and this wasn'tremote work hasn't been
happening just since COVID.
Speaker 3 (14:46):
This has been happening before COVID.
So you know we're many yearsinto this and this is a lot of
people's, you know, routinetheir lifestyle and it's kind of
difficult to imagine how thissudden change really impacts
their custody arrangements.
You know, something that was sosimple is not simple anymore.
Speaker 2 (15:09):
Yeah, nope, nope In so many different ways.
So how about if a federalworker chooses not to return to
in-person work?
Speaker 3 (15:20):
Yeah.
So certainly this would ensure,or at least support, that
there's no significant impact onthe existing testing
arrangement.
However, if that federal orformer federal employee loses
(15:47):
his or her job, it's notnecessarily guaranteed that they
will find a new job with theoption for remote work or a
flexible schedule, and it'sunclear what impact, if any, of
not returning to in-person workor that person not returning to
in-person work would have onsupport.
A Virginia court may find thatyour refusal to return to
in-person work is a voluntarychoice you're making that should
not be rewarded in a reductionof support.
(16:09):
Parents have an obligation tosupport their children and if
you're making the voluntarychoice not to go to work and
therefore you're getting fired,a court may see that as a choice
that shouldn't be rewarded witha reduction in support.
So you, the court, may, as Isaid earlier, impute income to
(16:32):
you at what you were earning andnot give you that benefit of a
lower support amount.
Speaker 2 (16:41):
So you mentioned earlier, nicole, that a lot of
folks move to areas further outbecause of the cost of living
and, I would imagine, eventhough this work at home has
been happening rightly so beforeCOVID probably got exacerbated
during COVID and people reallymoved out of the area.
(17:02):
Right, I mean probably Floridaand Colorado.
That's a good one.
So what if a federal workerchooses to live closer to his
department or agency to make thereturn to in-person work easier
?
Speaker 3 (17:18):
Yeah, so a person can always relocate his or her home
.
If that person is a parent,they may be able to relocate
with a child if that relocationis in the child's best interest.
If the federal worker wants torelocate with that minor child,
he or she will also have to giveno less than 30 days advance
(17:43):
written notice to the court andthe other parent.
That's required by the VirginiaCode.
If that parent wants torelocate with a child, typically
this will have a big impact onthe current custody schedule.
Some of the questions that thatparent would need to ask
himself or herself is, you knowwill it substantially impair the
(18:05):
child's relationship with thenon-moving parent?
Will it require the child tochange schools?
Will there be a change to thechild's doctors?
Can the child be involved inthe same activities?
Can the parents still go todoctor's appointments together,
dentist appointments together?
If the parents are now livingfurther apart from one another,
(18:25):
does it impact their ability toco-parent?
Does it impact their ability tomake timely decisions on behalf
of the child?
So if the court finds that thatchild's relocation with the
parent who wants to live closer,maybe to Washington DC, if the
court finds that that relocationis not in the child's best
interest, then that federalworker who's trying to keep
(18:48):
their job now has to make thedecision whether he or she still
wants to move without the child.
So, regardless, there's goingto be some form of change to the
custody schedule.
Because if he or she stillwants to move without the child,
so regardless there's going tobe some form of change to the
custody schedule.
Because if he or she has tomove without the child and it is
such a significant distance,you know, he or she may not be
able to have those dinner,midweek visits that they were
(19:12):
used to having.
Speaker 2 (19:13):
Yeah, yeah, all right .
Last question, sure, forparents facing these challenges.
What are the key legal stepsthey should take?
Speaker 3 (19:24):
Yeah.
So any parent or spouse facingthese challenges should notify
their attorney about a potentiallayoff or return to in-person
work mandate so that they canget ahead of the problem and
potentially negotiate anamicable settlement of these
issues with the other party.
Do what they can that is leastdisruptive to the child.
(19:49):
It's fact by you know.
It's a fact-based analysis andit is based on everyone's
specific circumstances.
We certainly can help youdetermine if there's been a
material change in circumstancesrequiring a change to the
current custody schedule orsupport arrangements, but the
best thing is to notify anattorney as soon as you think
(20:15):
that there might be an impact onsupport or custody so that we
can help you navigate thoseissues with success.
Speaker 2 (20:25):
Terrific, terrific.
Well, nicole, you aced it.
Speaker 1 (20:29):
Thank you for your help here.
Speaker 2 (20:30):
Yeah, yeah and look forward to getting you back on
your help here.
Sure, yeah, yeah, and lookforward to getting you back on
the show here.
Speaker 3 (20:38):
Oh, absolutely, this was great.
Speaker 2 (20:41):
Yeah.
So, speaking of the show, thatwraps it up for today's episode
of Attorneys Dedicated to FamilyLaw.
If you're a federal employeefacing job changes and wondering
how it might affect yoursupport or custody arrangements,
the best thing to do is to beproactive.
If you have questions or needlegal guidance, our team at
(21:01):
Karen Mower Weiss is here tohelp.
Thanks for joining us and lookforward to bringing you more
insights in the next episode,and remember to subscribe and
share this podcast to anyone whocan use the help.
You take care, nicole.
Speaker 3 (21:19):
Thank you so much.
Speaker 1 (21:22):
That wraps up this episode of Attorneys Dedicated
to Family Law.
We hope you found today'sdiscussion insightful.
If you have questions or needpersonalized legal guidance,
visit us at currenmohurtcom.
Be sure to subscribe so youdon't miss our next episode,
where another of our experiencedattorneys will tackle an
(21:42):
important family law issue.
Thanks for listening.
Until next time, we're here tohelp you protect what matters
most.
Welcome to Attorneys Dedicated to Family Law, the
podcast where our experiencedattorneys at Curran Moher Weiss
guide you through thecomplexities of family law,
whether you're facing a divorce,custody dispute or financial
matters.
Our dedicated team is here toprovide strategic insight and
practical advice.
Each episode, one of ourattorneys will dive into key
(00:25):
legal topics and help younavigate your unique situation
with confidence.
Let's get started.
Speaker 2 (00:34):
Well, welcome listeners and viewers.
I'm Charlie McDermott, producerof the show, and today I am
here with attorney Nicole Greta.
Nicole, how are you doing?
Speaker 3 (00:44):
I'm well, Charlie.
How are you?
Thanks for having me.
Speaker 2 (00:47):
Yeah, yeah, absolutely.
And boy, what a timely, timelytopic we have today.
So so great you're able tospend time here.
Speaker 3 (00:57):
Yes, absolutely.
Speaker 2 (00:58):
Yeah, so let me update the audience on your
background and then we'll.
I've got a series of questionsfor you that I think it's going
to be really, really helpful forthe audience.
So Nicole is a trusted advisorand advocate for individuals
navigating complex family lawmatters, from divorce and child
custody to support andpost-divorce modifications.
(01:22):
She's known for her strongnegotiation skills,
compassionate approach anddedication to helping her
clients achieve positiveoutcomes.
In today's episode, we're divinginto a topic that's becoming
more and more relevant how childsupport and custody rulings can
be impacted when federalemployees lose their jobs or are
(01:45):
required to return to theoffice.
With so many families inNorthern Virginia affected by
these changes, we'll break downwhat you need to know and the
legal options available.
All right, so, yes, talk abouttimely.
As I mentioned to you before wehit the record button here, you
(02:05):
know I never really thoughtabout the ripple effect of all
the changes that are happeningin Washington and elsewhere, but
certainly in your region.
So this this is going to be, asI mentioned earlier, really,
really helpful.
So let's start Nicole with canyou explain why federal job
changes are becoming asignificant issue in family law
(02:28):
cases?
Speaker 3 (02:29):
Yeah, absolutely Again.
Thank you so much for having me.
As you said, this is verytimely.
In 2025, president Trump issueda return to in-person work
(02:58):
mandate to all federaldepartments and agencies,
requiring its employees toreturn to work at their
respective duty stations on afull-time basis.
Actions have caused widespreadfirings throughout the federal
workforce, with most employeesnot being offered any sort of
severance pay or additionallong-term days to continue to be
employed.
President Trump also plans toabolish or gut some other
(03:20):
agencies, like the US Departmentof Education, which alone
employs approximately 4,000people, which is, you know, a
lot just for one agency.
Speaker 2 (03:32):
Wow, wow.
And a good portion of thoselive in the Northern Virginia
area.
Speaker 3 (03:39):
A good portion live in the Northern Virginia area.
Not only do they live in theNorthern Virginia area, but
they're living, you know, maybein counties that are close to
West Virginia or Maryland, ormaybe they've been with their
federal agency for so long.
Maybe they work for the patentoffice or the Department of
(04:00):
Transportation, where they havetenure where they can actually
live somewhere like Californiaor Colorado, because they were
working remotely and not beingrequired to actually be in a
government building in DC.
Speaker 2 (04:13):
Yeah, yeah, yeah, boy , a lot of changes, yeah A lot,
a lot.
Speaker 3 (04:20):
And it was very sudden too.
Speaker 2 (04:22):
Yeah, yeah, yeah.
So what kind of family lawissues arise when a federal
employee loses their job or hasto change their work
arrangements?
Speaker 3 (04:33):
Yeah.
So the return to work mandateand the massive layoffs have
caused a lot of federal workersor their families' ability to
meet those court-ordered custodyand visitation arrangements and
the ability for that employeeto meet their child support
obligations, for example forspousal or child support
(04:57):
obligations.
If that federal employee losestheir job due to no fault of
their own, they find out they'rebeing laid off and they
experience a significant changeor decrease in their gross
incomes or they lose healthinsurance benefits for the
family, they may have a materialchange in circumstances to seek
(05:19):
a decrease of their spousalsupport or child support
obligation.
And that material change incircumstances is what a court
looks to for when determining ifthat child support or that
spousal support amount should bemodified in any way.
(05:40):
That material change looksdifferent for everyone.
You know it's basedspecifically on that family's
circumstances and what haschanged since the parties have
either made a settlementagreement about.
You know the support amount orsince the court has entered an
(06:03):
order about you know the paymentof child or spousal support.
You know if someone's incomegoes from, say, $200,000 with
benefits to zero and they losehealth insurance, you know that
might be seen as material.
If someone receives a demotionand maybe earns $15,000 less per
(06:26):
year and doesn't lose insurancebenefits.
You know, it might not be seenas material change.
Speaker 2 (06:35):
So and I think you covered most of it here but just
to make sure, especially forlisteners who are in that
category of a federal employeewho loses their job, how does
that affect their spousal and orchild support obligations at
that point?
Speaker 3 (06:54):
Yeah.
So what they would need to dois they would want to notify
either their attorney and ortheir spouse and, you know, let
them know that I'm losing my joband my income is decreasing
from one amount to another and Ican no longer afford to pay at
(07:15):
the rate that I've been orderedor agreed to pay.
And you know we need to come tosome sort of other arrangement,
otherwise, you know I will bein arrears for what I'm ordered
to pay.
Speaker 2 (07:29):
Okay, so is that then typically handled you know
spouse to spouse, or you knowex-partner or does it involve
you getting involved?
How does that work?
Speaker 3 (07:41):
Yeah, so typically if someone needs to modify support
amount because of somethinglike this, a job layoff or a
firing, they will need tomemorialize that new agreement,
that new amount, into a newcourt order for it to be
effective.
It's always best if you canwork with your spouse directly
(08:04):
or your ex-partner directly.
It's usually best for yourfamily if you can negotiate an
amicable settlement and stay outof court.
But if you can't, we certainlycan help you navigate how to
litigate this in court, whatkind of documents and
information you need to do that.
But typically it starts withtrying to resolve it outside of
(08:25):
court and if you can't, then youknow you certainly can use all
you know judicial remedies thatare appropriate.
Speaker 2 (08:34):
Okay, makes sense Makes sense.
Yeah, yeah, I guess as much aspossible.
You want to stay out of court.
Speaker 3 (08:41):
I mean you know and sometimes you can't avoid it,
but it's.
You know, typically, at leastwith support, you really need to
make sure that that newagreement, as the amount, is put
into a new court order so thatthere's no confusion as to what
amounts are to be paid on amonthly basis.
(09:01):
Okay, Okay.
Speaker 2 (09:04):
So how about the federal employee who takes a
lower paying job after beinglaid off?
Can they reduce their supportpayments at that point?
Speaker 3 (09:13):
Yeah, I hate to give the typical lawyer response of
it depends, but the market inthis area is extremely saturated
with people looking for jobsdue to the massive government
layoffs.
If the jobs are simply notavailable at the same pay rate
you know they're just notavailable and the former federal
(09:35):
employee may be forced to takea lower paying job to make ends
meet.
They might have increased costsof insurance, which you know
may justify a reduction insupport.
However, if there are payingjobs out there and I'm not just
saying federal jobs but jobs inthe private sector that are
available, that fit thatperson's skills, education
(09:58):
experience, that are available,that fit that person's skills,
education experience, forexample, a court may impute a
higher income to that person.
When recalculating spousal orchild support, the court may say
you might only be making$50,000, but based on where you
went to school, how long you'veworked at this company, the
(10:21):
projects you've worked on, youreally should be making 100.
So it kind of is a phantomincome calculation to you that
they will impute prior tocalculating the support amount.
Speaker 2 (10:35):
OK, ok.
So then the you know you'rekind of nudged to continue to
look for a higher paying job atthat point Exactly, I mean
you're going to try to look forthe best thing that you can find
, and I really.
Speaker 3 (10:48):
It's case specific If you can prove that you've
applied to everything out thereand this is, you know,
everything that you know I canfind.
And unfortunately there'shiring freezes or there's,
they're just not accepting mebecause they've already filled
the position.
Yeah, it also kind of dependshow much less the new job pays
(11:13):
If it's not substantial, or yougot this new job that pays a lot
less because there's atemporary hiring freeze and you
know that you might be able toget a job six months later at
the higher amount.
It may not constitute a changeyou know, material or
substantial enough to justify areduction in your spousal
(11:37):
support or child supportpayments.
Speaker 2 (11:40):
Okay, okay.
So how then does the return tooffice mandate impact existing
custody agreements?
Speaker 3 (11:52):
Sure.
So you know a lot of federalworkers and their families.
Like I said earlier, they don'tlive in Washington DC proper.
Many people live in countiesthat border Maryland or West
Virginia, clark County, loudounCounty.
The cost of living can be lowerin some of these western
counties and the employeesdidn't have to commute to
(12:13):
in-person work so it reallydidn't matter where they lived.
If now they're forced to travelto and from that federal agency
and it's located at a greatdistance from their home,
they're spending more time intheir cars, less time at home
with their children.
They may not be able to followthe very specific outline
(12:34):
parenting plan that says when achild is with each parent.
Typically parenting plans willsay parent one has the child
from Monday through Wednesday atcertain times and then the next
parent has the child Wednesdaythrough Friday at certain times.
If parent A is now required totravel from Clark County to
(12:59):
Washington DC, it's probablyunlikely that that parent is
able to drop off or pick uptheir child from school like
they have, or at the bus stopthey might need to.
They might not be able toexercise midweek visits with the
child, which often happens inparenting plans, where during
(13:21):
the other parent's custodialweek, the non-custodial parent
gets to take the child out todinner or gets to take them to
extracurricular activities.
That's probably not going tohappen.
Also, a lot of federal workershad the luxury of providing
(13:41):
in-home child care, maybe fornon-school age children, while
they were working remotely fromhome.
Say, you have a six month oldand you know that you can put
them on the play mat or abouncer while you're logging in.
Now they can't do that andthey're in immediate need for a
third-party caregiver or helpfrom the non-custodial parent,
(14:05):
which may require, you know, amodification of their agreement
where the other parent has moretime with the children or
increases the cost of thirdparty caregiver.
Speaker 2 (14:20):
Wow, I mean I, you got to feel for those
individuals.
I mean so many different, likeI said in the beginning, is that
ripple effect?
You know, so many differentparts of their lives are
changing and you need to adapt.
And then, of course, you havethe whole agreements that are in
place that now need to be, Iguess, modified or at least
(14:41):
communicated, and this wasn'tremote work hasn't been
happening just since COVID.
Speaker 3 (14:46):
This has been happening before COVID.
So you know we're many yearsinto this and this is a lot of
people's, you know, routinetheir lifestyle and it's kind of
difficult to imagine how thissudden change really impacts
their custody arrangements.
You know, something that was sosimple is not simple anymore.
Speaker 2 (15:09):
Yeah, nope, nope In so many different ways.
So how about if a federalworker chooses not to return to
in-person work?
Speaker 3 (15:20):
Yeah.
So certainly this would ensure,or at least support, that
there's no significant impact onthe existing testing
arrangement.
However, if that federal orformer federal employee loses
(15:47):
his or her job, it's notnecessarily guaranteed that they
will find a new job with theoption for remote work or a
flexible schedule, and it'sunclear what impact, if any, of
not returning to in-person workor that person not returning to
in-person work would have onsupport.
A Virginia court may find thatyour refusal to return to
in-person work is a voluntarychoice you're making that should
not be rewarded in a reductionof support.
(16:09):
Parents have an obligation tosupport their children and if
you're making the voluntarychoice not to go to work and
therefore you're getting fired,a court may see that as a choice
that shouldn't be rewarded witha reduction in support.
So you, the court, may, as Isaid earlier, impute income to
(16:32):
you at what you were earning andnot give you that benefit of a
lower support amount.
Speaker 2 (16:41):
So you mentioned earlier, nicole, that a lot of
folks move to areas further outbecause of the cost of living
and, I would imagine, eventhough this work at home has
been happening rightly so beforeCOVID probably got exacerbated
during COVID and people reallymoved out of the area.
(17:02):
Right, I mean probably Floridaand Colorado.
That's a good one.
So what if a federal workerchooses to live closer to his
department or agency to make thereturn to in-person work easier
?
Speaker 3 (17:18):
Yeah, so a person can always relocate his or her home
.
If that person is a parent,they may be able to relocate
with a child if that relocationis in the child's best interest.
If the federal worker wants torelocate with that minor child,
he or she will also have to giveno less than 30 days advance
(17:43):
written notice to the court andthe other parent.
That's required by the VirginiaCode.
If that parent wants torelocate with a child, typically
this will have a big impact onthe current custody schedule.
Some of the questions that thatparent would need to ask
himself or herself is, you knowwill it substantially impair the
(18:05):
child's relationship with thenon-moving parent?
Will it require the child tochange schools?
Will there be a change to thechild's doctors?
Can the child be involved inthe same activities?
Can the parents still go todoctor's appointments together,
dentist appointments together?
If the parents are now livingfurther apart from one another,
(18:25):
does it impact their ability toco-parent?
Does it impact their ability tomake timely decisions on behalf
of the child?
So if the court finds that thatchild's relocation with the
parent who wants to live closer,maybe to Washington DC, if the
court finds that that relocationis not in the child's best
interest, then that federalworker who's trying to keep
(18:48):
their job now has to make thedecision whether he or she still
wants to move without the child.
So, regardless, there's goingto be some form of change to the
custody schedule.
Because if he or she stillwants to move without the child,
so regardless there's going tobe some form of change to the
custody schedule.
Because if he or she has tomove without the child and it is
such a significant distance,you know, he or she may not be
able to have those dinner,midweek visits that they were
(19:12):
used to having.
Speaker 2 (19:13):
Yeah, yeah, all right .
Last question, sure, forparents facing these challenges.
What are the key legal stepsthey should take?
Speaker 3 (19:24):
Yeah.
So any parent or spouse facingthese challenges should notify
their attorney about a potentiallayoff or return to in-person
work mandate so that they canget ahead of the problem and
potentially negotiate anamicable settlement of these
issues with the other party.
Do what they can that is leastdisruptive to the child.
(19:49):
It's fact by you know.
It's a fact-based analysis andit is based on everyone's
specific circumstances.
We certainly can help youdetermine if there's been a
material change in circumstancesrequiring a change to the
current custody schedule orsupport arrangements, but the
best thing is to notify anattorney as soon as you think
(20:15):
that there might be an impact onsupport or custody so that we
can help you navigate thoseissues with success.
Speaker 2 (20:25):
Terrific, terrific.
Well, nicole, you aced it.
Speaker 1 (20:29):
Thank you for your help here.
Speaker 2 (20:30):
Yeah, yeah and look forward to getting you back on
your help here.
Sure, yeah, yeah, and lookforward to getting you back on
the show here.
Speaker 3 (20:38):
Oh, absolutely, this was great.
Speaker 2 (20:41):
Yeah.
So, speaking of the show, thatwraps it up for today's episode
of Attorneys Dedicated to FamilyLaw.
If you're a federal employeefacing job changes and wondering
how it might affect yoursupport or custody arrangements,
the best thing to do is to beproactive.
If you have questions or needlegal guidance, our team at
(21:01):
Karen Mower Weiss is here tohelp.
Thanks for joining us and lookforward to bringing you more
insights in the next episode,and remember to subscribe and
share this podcast to anyone whocan use the help.
You take care, nicole.
Speaker 3 (21:19):
Thank you so much.
Speaker 1 (21:22):
That wraps up this episode of Attorneys Dedicated
to Family Law.
We hope you found today'sdiscussion insightful.
If you have questions or needpersonalized legal guidance,
visit us at currenmohurtcom.
Be sure to subscribe so youdon't miss our next episode,
where another of our experiencedattorneys will tackle an
(21:42):
important family law issue.
Thanks for listening.
Until next time, we're here tohelp you protect what matters
most.
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