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Archives for February 2015

Feb 12

More Mothers Paying Child Support

Breakdown of “Glass Ceiling” Leads to More Moms Paying Child Support

Working MotherAs more and more women break into professions once dominated by men, and more and more women become the primary breadwinners in their marriages, more and more dads are taking on roles traditionally the domain of women—watching kids at home, taking children to and from school, attending school activities and monitoring free time. One of the unexpected consequences—more and more dads are asking for (and receiving) child custody and child support when parties divorce.

The long-held assumption, previously written into the law in many states, was that the mother was biologically more suited to be a nurturer. Known as the “tender years doctrine,” the principal was routinely used to grant physical custody to mothers. All of that has changed, however.

The tender years doctrine is no longer officially accepted in any jurisdiction. Instead, courts are generally charged with establishing custody, visitation and support arrangements that are “in the best interests” of minor children. Where the minor children have spent most of their waking hours with a stay-at-home dad, the overwhelming trend is to give custody to the father, and accordingly to order the mother to pay child support.

Every state has its own formula for determining child support, typically taking into account the incomes of both parties, as well as any special needs of the child. Courts won’t automatically grant custody to the stay-at-home parent at the time of the divorce, but try to look at the situation and make a decision that is in the best long term interests of the children. But a couple trends do seem clear: the parent who had primary responsibility for meeting the children’s financial needs during the marriage will still have that responsibility after a divorce, and the parent who had the most impact and day-to-day contact with the children will likely retain the role as custodial parent.

Contact Our Office

At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Feb 05

What You Need to Be Concerned About in a Property Settlement

Protecting Yourself When Dividing Marital Debts and Assets

Property settlementIn the aftermath of a divorce, one of the most challenging tasks can be the equitable distribution of the debts and assets of the marriage. Some assets may be easily divided, such as bank accounts. Other property items may more appropriately belong to one party or the other—personal items such as jewelry, books and clothes. Often, parties will hide assets or intentionally waste or dissipate assets for a variety of reasons.

Pennsylvania is an equitable property distribution state for purposes of dividing a marital estate. You can come to an agreement with respect to how property will be divided, although the court may review and reject that agreement if there is evidence of domestic abuse, or of intimidation, duress or undue influence. If you can’t come to an agreement, the court will order the distribution of property, based on a number of factors, including, but not limited to:

  • The length of your marriage
  • The age, health, station in life and potential sources of income of both parties
  • Whether either party was previously married
  • Any wrongful conduct by either party, including efforts to dissipate or hide marital assets
  • When considering the division of marital property, you want to be concerned about:

    • The determination of an accurate fair market value for all property
    • Your ability to obtain an accurate accounting of all marital debts and assets
    • Whether you want property that may be a financial burden, such as the marital home, or whether it will be in your best interests to sell it
    • Your potential interest in your ex-spouse’s retirement plan, even if your ex is not retired or of retirement age

    Contact Our Office

    At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

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From Our Blog

  • The principle of equitable distribution in a Pennsylvania divorce
  • Divorce and Social Security retirement benefits
  • The effect of a gray divorce on your older children
  • Some tax matters associated with divorce
  • Some losses that divorce might cause

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Law Office of Joanne Kleiner | 261 Old York Rd., Ste. 402 | Jenkintown, PA 19046
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