Attorneys Dedicated to Family Law
Welcome to attorneys dedicated to Family Law, the podcast where our experienced attorneys at Curran Moher Weis guide you through the complexities of family law. Whether you are facing a divorce, custody dispute, or financial matters. Our dedicated team is here to provide strategic insight and practical advice. Each episode, one of our attorneys will dive into key legal topics. And help you navigate your unique situation with confidence.
Attorneys Dedicated to Family Law
EP #1: Navigating Custody and Support After Federal Job Loss with Nicole Grejda, Esq.
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.
Welcome to Attorneys Dedicated to Family Law, the podcast where our experienced attorneys at Curran Moher Weiss guide you through the complexities of family law, whether you're facing a divorce, custody dispute or financial matters. Our dedicated team is here to provide strategic insight and practical advice. Each episode, one of our attorneys will dive into key legal topics and help you navigate your unique situation with confidence. Let's get started.
Speaker 2:Well, welcome listeners and viewers. I'm Charlie McDermott, producer of the show, and today I am here with attorney Nicole Greta. Nicole, how are you doing?
Speaker 3:I'm well, Charlie. How are you? Thanks for having me.
Speaker 2:Yeah, yeah, absolutely. And boy, what a timely, timely topic we have today. So so great you're able to spend time here.
Speaker 3:Yes, absolutely.
Speaker 2:Yeah, so let me update the audience on your background and then we'll. I've got a series of questions for you that I think it's going to be really, really helpful for the audience. So Nicole is a trusted advisor and advocate for individuals navigating complex family law matters, from divorce and child custody to support and post-divorce modifications. She's known for her strong negotiation skills, compassionate approach and dedication to helping her clients achieve positive outcomes.
Speaker 2:In today's episode, we're diving into a topic that's becoming more and more relevant how child support and custody rulings can be impacted when federal employees lose their jobs or are required to return to the office. With so many families in Northern Virginia affected by these changes, we'll break down what you need to know and the legal options available. All right, so, yes, talk about timely. As I mentioned to you before we hit the record button here, you know I never really thought about the ripple effect of all the changes that are happening in Washington and elsewhere, but certainly in your region. So this this is going to be, as I mentioned earlier, really, really helpful. So let's start Nicole with can you explain why federal job changes are becoming a significant issue in family law cases?
Speaker 3:Yeah, absolutely Again. Thank you so much for having me. As you said, this is very timely. In 2025, president Trump issued a return to in-person work mandate to all federal departments and agencies, requiring its employees to return to work at their respective duty stations on a full-time basis. Actions have caused widespread firings throughout the federal workforce, with most employees not being offered any sort of severance pay or additional long-term days to continue to be employed. President Trump also plans to abolish or gut some other agencies, like the US Department of Education, which alone employs approximately 4,000 people, which is, you know, a lot just for one agency.
Speaker 2:Wow, wow. And a good portion of those live in the Northern Virginia area.
Speaker 3:A good portion live in the Northern Virginia area. Not only do they live in the Northern Virginia area, but they're living, you know, maybe in counties that are close to West Virginia or Maryland, or maybe they've been with their federal agency for so long. Maybe they work for the patent office or the Department of Transportation, where they have tenure where they can actually live somewhere like California or Colorado, because they were working remotely and not being required to actually be in a government building in DC.
Speaker 2:Yeah, yeah, yeah, boy, a lot of changes, yeah A lot, a lot.
Speaker 3:And it was very sudden too.
Speaker 2:Yeah, yeah, yeah. So what kind of family law issues arise when a federal employee loses their job or has to change their work arrangements?
Speaker 3:Yeah.
Speaker 3:So the return to work mandate and the massive layoffs have caused a lot of federal workers or their families' ability to meet those court-ordered custody and visitation arrangements and the ability for that employee to meet their child support obligations, for example for spousal or child support obligations.
Speaker 3:If that federal employee loses their job due to no fault of their own, they find out they're being laid off and they experience a significant change or decrease in their gross incomes or they lose health insurance benefits for the family, they may have a material change in circumstances to seek a decrease of their spousal support or child support obligation. And that material change in circumstances is what a court looks to for when determining if that child support or that spousal support amount should be modified in any way. That material change looks different for everyone. You know it's based specifically on that family's circumstances and what has changed since the parties have either made a settlement agreement about. You know the support amount or since the court has entered an order about you know the payment of child or spousal support. You know if someone's income goes from, say, $200,000 with benefits to zero and they lose health insurance, you know that might be seen as material. If someone receives a demotion and maybe earns $15,000 less per year and doesn't lose insurance benefits. You know, it might not be seen as material change.
Speaker 2:So and I think you covered most of it here but just to make sure, especially for listeners who are in that category of a federal employee who loses their job, how does that affect their spousal and or child support obligations at that point?
Speaker 3:Yeah. So what they would need to do is they would want to notify either their attorney and or their spouse and, you know, let them know that I'm losing my job and my income is decreasing from one amount to another and I can no longer afford to pay at the rate that I've been ordered or agreed to pay. And you know we need to come to some sort of other arrangement, otherwise, you know I will be in arrears for what I'm ordered to pay.
Speaker 2:Okay, so is that then typically handled you know spouse to spouse, or you know ex-partner or does it involve you getting involved? How does that work?
Speaker 3:Yeah, so typically if someone needs to modify support amount because of something like this, a job layoff or a firing, they will need to memorialize that new agreement, that new amount, into a new court order for it to be effective. It's always best if you can work with your spouse directly or your ex-partner directly. It's usually best for your family if you can negotiate an amicable settlement and stay out of court. But if you can't, we certainly can help you navigate how to litigate this in court, what kind of documents and information you need to do that. But typically it starts with trying to resolve it outside of court and if you can't, then you know you certainly can use all you know judicial remedies that are appropriate.
Speaker 2:Okay, makes sense Makes sense. Yeah, yeah, I guess as much as possible. You want to stay out of court.
Speaker 3:I mean you know and sometimes you can't avoid it, but it's. You know, typically, at least with support, you really need to make sure that that new agreement, as the amount, is put into a new court order so that there's no confusion as to what amounts are to be paid on a monthly basis. Okay, Okay.
Speaker 2:So how about the federal employee who takes a lower paying job after being laid off? Can they reduce their support payments at that point?
Speaker 3:Yeah, I hate to give the typical lawyer response of it depends, but the market in this area is extremely saturated with people looking for jobs due to the massive government layoffs.
Speaker 3:If the jobs are simply not available at the same pay rate you know they're just not available and the former federal employee may be forced to take a lower paying job to make ends meet. They might have increased costs of insurance, which you know may justify a reduction in support. However, if there are paying jobs out there and I'm not just saying federal jobs but jobs in the private sector that are available, that fit that person's skills, education experience, that are available, that fit that person's skills, education experience, for example, a court may impute a higher income to that person. When recalculating spousal or child support, the court may say you might only be making $50,000, but based on where you went to school, how long you've worked at this company, the projects you've worked on, you really should be making 100. So it kind of is a phantom income calculation to you that they will impute prior to calculating the support amount.
Speaker 2:OK, ok. So then the you know you're kind of nudged to continue to look for a higher paying job at that point Exactly, I mean you're going to try to look for the best thing that you can find, and I really.
Speaker 3:It's case specific If you can prove that you've applied to everything out there and this is, you know, everything that you know I can find. And unfortunately there's hiring freezes or there's, they're just not accepting me because they've already filled the position. Yeah, it also kind of depends how much less the new job pays If it's not substantial, or you got this new job that pays a lot less because there's a temporary hiring freeze and you know that you might be able to get a job six months later at the higher amount. It may not constitute a change you know, material or substantial enough to justify a reduction in your spousal support or child support payments.
Speaker 2:Okay, okay. So how then does the return to office mandate impact existing custody agreements?
Speaker 3:Sure. So you know a lot of federal workers and their families. Like I said earlier, they don't live in Washington DC proper. Many people live in counties that border Maryland or West Virginia, clark County, loudoun County. The cost of living can be lower in some of these western counties and the employees didn't have to commute to in-person work so it really didn't matter where they lived.
Speaker 3:If now they're forced to travel to and from that federal agency and it's located at a great distance from their home, they're spending more time in their cars, less time at home with their children. They may not be able to follow the very specific outline parenting plan that says when a child is with each parent. Typically parenting plans will say parent one has the child from Monday through Wednesday at certain times and then the next parent has the child Wednesday through Friday at certain times. If parent A is now required to travel from Clark County to Washington DC, it's probably unlikely that that parent is able to drop off or pick up their child from school like they have, or at the bus stop they might need to. They might not be able to exercise midweek visits with the child, which often happens in parenting plans, where during the other parent's custodial week, the non-custodial parent gets to take the child out to dinner or gets to take them to extracurricular activities. That's probably not going to happen.
Speaker 3:Also, a lot of federal workers had the luxury of providing in-home child care, maybe for non-school age children, while they were working remotely from home. Say, you have a six month old and you know that you can put them on the play mat or a bouncer while you're logging in. Now they can't do that and they're in immediate need for a third-party caregiver or help from the non-custodial parent, which may require, you know, a modification of their agreement where the other parent has more time with the children or increases the cost of third party caregiver.
Speaker 2:Wow, I mean I, you got to feel for those individuals. I mean so many different, like I said in the beginning, is that ripple effect? You know, so many different parts of their lives are changing and you need to adapt. And then, of course, you have the whole agreements that are in place that now need to be, I guess, modified or at least communicated, and this wasn't remote work hasn't been happening just since COVID.
Speaker 3:This has been happening before COVID. So you know we're many years into this and this is a lot of people's, you know, routine their lifestyle and it's kind of difficult to imagine how this sudden change really impacts their custody arrangements. You know, something that was so simple is not simple anymore.
Speaker 2:Yeah, nope, nope In so many different ways. So how about if a federal worker chooses not to return to in-person work?
Speaker 3:Yeah. So certainly this would ensure, or at least support, that there's no significant impact on the existing testing arrangement. However, if that federal or former federal employee loses his or her job, it's not necessarily guaranteed that they will find a new job with the option for remote work or a flexible schedule, and it's unclear what impact, if any, of not returning to in-person work or that person not returning to in-person work would have on support. A Virginia court may find that your refusal to return to in-person work is a voluntary choice you're making that should not be rewarded in a reduction of support. Parents have an obligation to support their children and if you're making the voluntary choice not to go to work and therefore you're getting fired, a court may see that as a choice that shouldn't be rewarded with a reduction in support. So you, the court, may, as I said earlier, impute income to you at what you were earning and not give you that benefit of a lower support amount.
Speaker 2:So you mentioned earlier, nicole, that a lot of folks move to areas further out because of the cost of living and, I would imagine, even though this work at home has been happening rightly so before COVID probably got exacerbated during COVID and people really moved out of the area. Right, I mean probably Florida and Colorado. That's a good one. So what if a federal worker chooses to live closer to his department or agency to make the return to in-person work easier?
Speaker 3: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 relocation is in the child's best interest. If the federal worker wants to relocate with that minor child, he or she will also have to give no less than 30 days advance written notice to the court and the other parent. That's required by the Virginia Code. If that parent wants to relocate with a child, typically this will have a big impact on the current custody schedule. Some of the questions that that parent would need to ask himself or herself is, you know will it substantially impair the child's relationship with the non-moving parent? Will it require the child to change schools? Will there be a change to the child's doctors? Can the child be involved in the same activities? Can the parents still go to doctor's appointments together, dentist appointments together?
Speaker 3:If the parents are now living further apart from one another, does it impact their ability to co-parent? Does it impact their ability to make timely decisions on behalf of the child? So if the court finds that that child's relocation with the parent who wants to live closer, maybe to Washington DC, if the court finds that that relocation is not in the child's best interest, then that federal worker who's trying to keep their job now has to make the decision whether he or she still wants to move without the child. So, regardless, there's going to be some form of change to the custody schedule. Because if he or she still wants to move without the child, so regardless there's going to be some form of change to the custody schedule. Because if he or she has to move 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 used to having.
Speaker 2:Yeah, yeah, all right. Last question, sure, for parents facing these challenges. What are the key legal steps they should take?
Speaker 3:Yeah. So any parent or spouse facing these challenges should notify their attorney about a potential layoff or return to in-person work mandate so that they can get ahead of the problem and potentially negotiate an amicable settlement of these issues with the other party. Do what they can that is least disruptive to the child. It's fact by you know. It's a fact-based analysis and it is based on everyone's specific circumstances. We certainly can help you determine if there's been a material change in circumstances requiring a change to the current custody schedule or support arrangements, but the best thing is to notify an attorney as soon as you think that there might be an impact on support or custody so that we can help you navigate those issues with success.
Speaker 2:Terrific, terrific. Well, nicole, you aced it.
Speaker 1:Thank you for your help here.
Speaker 2:Yeah, yeah and look forward to getting you back on your help here. Sure, yeah, yeah, and look forward to getting you back on the show here.
Speaker 3:Oh, absolutely, this was great.
Speaker 2:Yeah. So, speaking of the show, that wraps it up for today's episode of Attorneys Dedicated to Family Law. If you're a federal employee facing job changes and wondering how it might affect your support or custody arrangements, the best thing to do is to be proactive. If you have questions or need legal guidance, our team at Karen Mower Weiss is here to help. Thanks for joining us and look forward to bringing you more insights in the next episode, and remember to subscribe and share this podcast to anyone who can use the help. You take care, nicole.
Speaker 3:Thank you so much.
Speaker 1:That wraps up this episode of Attorneys Dedicated to Family Law. We hope you found today's discussion insightful. If you have questions or need personalized legal guidance, visit us at currenmohurtcom. Be sure to subscribe so you don't miss our next episode, where another of our experienced attorneys will tackle an important family law issue. Thanks for listening. Until next time, we're here to help you protect what matters most.