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Archives for March 2016

Mar 28

Does a Non-Custodial Parent Have to Pay for a Child’s College Education in PA?

Child's College Education

If your marriage ends and there are minor children, you expect that, as a non-custodial parent, you’ll be required to pay some level of child support, so that you actively participate in the financial responsibility of raising the child. But what if your child decides to go to college? Is paying your share of your child’s college education costs part of raising the child? Can the court order you to cover some of those expenses as part of a divorce decree?

The laws governing a parent’s duty to pay for child’s college education are somewhat confusing in Pennsylvania. As a part of your divorce decree, you can always mutually agree to share the costs. Such an agreement will generally be enforceable in a court of law, unless there’s evidence of coercion, undue influence or misrepresentation.

In the absence of an agreement, the law currently does not grant courts the authority to mandate payment of college education costs in divorce proceedings. The Pennsylvania courts did hold, back in the 1960s, that parents could be required to provide support to adult children who were in college. That rule remained in place for thirty years, until the state’s Supreme Court concluded that there was not statutory authority allowing the court’s to make such a determination.

In 1993, in response that court decision, the Pennsylvania legislature passed a law that specifically granted trial courts the power to order payment of college education expenses when parents are divorced or separated. That statute was subsequently challenged and found to be unconstitutional, as it denied parents of divorce the equal protection of the law.

The law remains on the books, though its application has been declared unconstitutional. Accordingly, as a practical matter, the obligation to pay child support in Pennsylvania ends when the child becomes 18 or until the child graduates from high school, whichever is later.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Mar 15

Take Care if You Are Involved in a Divorce Just Before or After Retirement

Crossword with IRA 401K

According to statistics, the rate of divorce among older Americans has more than doubled in the last 20 years. Even though these proceedings seldom involve disputes over child custody, visitation and child support, there can be other factors that make elder divorce proceedings complicated and time-consuming, such as the increased size of the marital estates and the allocation of retirement assets.

It’s Mostly in the Details

A primary concern in elder divorce cases involves the marital home. There may be substantial equity in the property, money that may be a key component of your retirement planning. When you divorce, one option may be to sell the home and split the proceeds. There are, however, potentially adverse tax consequences to this approach. Take the time to discuss the matter with your tax adviser and your lawyer before you do anything.

Whether you have already retired and have substantial retirement plan assets and are at or near the end of your working life, you need to be extremely careful how you divide retirement or pension plan assets. If you have an IRA, you can usually split the value and transfer a portion of the funds over into a new IRA without any adverse tax consequences. However, if you have a 401(k), 403(b), or other qualified plan, you’ll want a Qualified Domestic Relations Order (QDRO) or you will likely have a tax consequence on the transfer.

It’s also important to review your life insurance coverage as part of a late-in-life divorce. If you own the policy, you will need to designate a new beneficiary.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce 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
215-886-1266
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