First, ask the other parent (document in by text or in writing) to work with you and allow “make-up time” with your child once your home is ready or in the interim to see your child for a few hours at another location such as a park or relative’s home. That way you maintain contact with your child and can explain why the parenting time is not occurring as scheduled. Depending on your child’s age that contact may be critical to let the child know you’re safe and everything will be okay. This is a temporary arrangement. Hopefully, the other parent agrees and you can do a confirming text or email that you will get the missed parenting time later.

However, if the other parent won’t work with you or is non-responsive you will need to let your attorney know as soon as possible. If you don’t have an attorney, you may need to file a paper known as a “Petition to Modify your Parenting Plan” for a certain period of time until your living situation can be fixed.

There are two main ways. First, you can go to the Circuit clerk’s office usually located in the County courthouse where there are blank forms to use to modify parenting time. These are easy, simple X in the box forms to check.

Or if you have access to a computer go online and print out the form.

You can handwrite and mail a piece of paper titled “Petition to Modify Parenting Time and for Make up Time”. You will need to explain why you can’t exercise your parenting time because of a natural disaster (i.e. house damaged, destroyed, or car for transport has been damaged, etc.) Then state you would like make up time and what parenting schedule you want in the meantime, such as seeing your child for a few hours on certain days. It’s very important that you date, sign this piece of paper and get it notarized by a notary public. If your legal papers were lost in the flood you can call the circuit clerk’s office in your county and get your “case number” to put on the document. The clerk’s office will also give you an address where to mail the document. If possible, make a copy of this paper for your records. Send the other parent a copy of this piece of paper. There is a filing fee which must be sent or a request to waive fee which will be discussed below.

The process to fill out and mail is the same as set forth in the question above this one. However, in regard to the child support issue there is a specific document to use called an “Expedited Petition to Modify Child Support”. This easy to use form allows for an expedited process to reduce your child support immediately if you provide documentation that your income is zero or greatly reduced. The form is found online.

Yes, for the expedited petition to modify child support there is a $35 fee and for the modification of spousal support the fee is $85.

If you cannot afford to pay fees, ask a Deputy Circuit Clerk for an affidavit to waive fees and costs. You can fill out the affidavit in the Circuit Clerk’s Office. The affidavit requires you to list some basic information about your financial situation and to provide proof of your income. A Deputy Clerk can review your completed affidavit while you wait, and tell you if you meet the legal requirements to have your fees and costs waived. If you don’t meet these requirements, you must pay fees and costs, but you can ask the court to review your affidavit later. This form can be printed off online.

Yes, time is of the essence – no change can occur until this paper is filed and sent to the other parent. This is particularly important in the child support and spousal support area because you are still under an order and have a legal obligation to continue to pay the old, higher amount until the judge receives your petition and does an order changing it.

Assuming you have homeowner’s or flood insurance and a claim has been submitted to the insurance copy, keep a copy of all documents you send and receive. Insure that you and your spouse both have the opportunity to listing any contents you have lost and placing values on those items as appropriate. If insurance sends you a check is sent to either of you it will require both parties’ signature if you both own the property. At the final hearing the judge will determine how these funds are distributed. If you’re going to have trouble working and making the mortgage payment you should immediately notify the bank that the mortgage payment may be delayed and that an insurance claim has been filed.

While everyone is sympathetic to the sad and terrible repercussions caused by the flood there may be a few who unfairly try to take advantage of it. If you know your ex-spouse is still being paid and not paying you what was ordered, then you need to file a contempt petition. This enforces the terms of the previous order. It does not change them. That’s what the petitions to modify are for. The contempt petition is filed in the circuit clerk’s office and there is a form you can get there or online. It is critical that you set out exactly what was ordered to be paid (for example, $637 child support and $500 spousal support per month) and when that Order was entered. Don’t worry if you don’t have the date, the circuit clerk’s office can tell you when. Explain that this amount was not paid to you on time. You must sign the Petition before a notary public, which is known as the verification page and include your address.

The family court judge reviews what you have filed and determines whether to hold a hearing. If the judge decides a hearing will be held, he issues what is known as a Notice of Hearing and Rule to Show cause. When you receive that hearing notice and Rule to Show Cause back from the judge you will need to go to the circuit clerk’s office and pay $20 to have your ex spouse served a copy of this so he/she can be at the hearing. If you can’t afford the $20, then take the affidavit and fee waiver request form found here or go to the clerk’s office and ask for one there. The deputy clerk will review the request possibly while you wait and let you know if the fee can be waived. Make sure to attend the hearing and are ready to explain to the judge that you have not received the support ordered. If you have to hire an attorney to go with you, he/she may file a motion to recover the fees you’ve spent to get the money that should have been paid.