Law Office of Joanne Kleiner

Archives for October 2018

Oct 29

How a Child Custody Attorney Can Assist With Your Case

A Child Custody Lawyer May Help You Resolve Disputes

Contested child custody cases can be extremely stressful, especially if you and the other parent cannot agree on fundamental parts of a parenting plan such as visitation scheduling, education or religious training. An attorney may be able to assist you in achieving a solution.

What Is a Paternity Case, and How Does it Involve Child Custody?

A paternity case involves the adjudication of father’s rights. There are generally two parts to a paternity case. First, a judge must declare that the man in question is biologically and legally the father of the child who is the subject of the litigation. Next, a judge may make decisions regarding visitation and child custody, including granting the father primary custody if appropriate.

A paternity case can be filed by the biological mother or father or by the Office of Child Support Enforcement. In some cases, the mother of the child may request a DNA test, or she may sign paperwork acknowledging paternity. Just because a father’s name is on a birth certificate does not necessarily mean that he is entitled to visitation rights. A paternity case must be opened for him to be legally declared the father and granted all the rights to which he is entitled. He may also be ordered to pay child support.

Should I File for Child Custody First or Wait Until I Am Served with Paperwork?

If you are separated and your spouse has mentioned that he or she may file for divorce and ask to be awarded custody, you may wonder if you should file first. It is a good idea to speak to a child custody lawyer about your options. In some cases, it can be beneficial to go ahead and file for an adjudication of child custody because the plaintiff in a civil case usually gets to present his or her side before the defendant does.

What is Temporary Child Custody?

In some cases, a judge will sign a temporary order that will remain in effect until a final order is entered. In many cases, both sides will agree on the specified terms. A temporary hearing may be set very early in the case so that important issues can be decided before a final hearing. A final hearing usually lasts longer than a temporary hearing so any evidence that was not presented initially can be offered at this time.

Can Child Custody Be Modified After the Judge Signs a Final Order?

Child custody can be modified at any time if there has been a material change in circumstances. If the change affects the health or safety of the child, an emergency order may be requested. Circumstances might be considered materially changed if one parent moves or gets remarried. An emergency situation could exist if there is suspicion of child abuse or a parent is arrested for a serious offense.

If I Am Behind on Child Support, Can My Ex-Partner Deny Me Visitation?

Child support and visitation matters are separate. You cannot withhold child support if you are being denied visitation, and your ex-spouse cannot deny you visitation if you are behind on child support. One option for those that have been denied visitation, is to file a petition with the court for the other parent to be held in contempt. That parent may be punished for not obeying previous court orders. If the judge believes that visitation is being denied against the best interests of the child, it may even be a reason for modification of custody.

What Should I Do if I Have Questions About My Pennsylvania Child Custody Case?

If you have legal questions about your child custody case, call Joanne Kleiner & Associates. Joanne Kleiner is an experienced child custody lawyer who will work hard on your case at every stage of the proceeding. Contact our Jenkintown office at (215) 886-1266 today. You can also schedule a consultation online.

Oct 25

Common Questions Concerning Spouse Maintenance

Spousal Maintenance and the Options

On average, there are more than 35,000 divorces and annulments each year in Pennsylvania. That results in thousands of new people annually who may be entitled to some form of spousal support. In this state, there’s no entitlement, and whether a person receives support is solely up to the discretion of the court.

Is Alimony Limited to Women?

No, it is not. Whether a person is or is not entitled to support is not based on gender. While alimony has traditionally been money paid from an ex-husband to an ex-wife, this is an outdated notion. Men can receive support from women, and support applies to same-sex marriages as well. Statistically, men are less likely to receive support, and there may be many reasons for this, including:

• Traditional gender stereotypes
• Women being more willing to contest it
• Judges influenced by unconscious biases

Can a Prenuptial Agreement Affect Postmarital Support?

If a state allows a prenuptial agreement to dictate spousal support or allow the right to such support to be waived, then yes. In these instances, entitlement – or lack of – is dictated by the contract that both parties have agreed to, and judges are unlikely to overrule that without extenuating circumstances.

What Is Rehabilitative Support?

Rehabilitative support is also called durational support, which means that payments are made for a certain period. Often, a judge will determine that one spouse is not required to maintain the other’s lifestyle forever but just long enough for that person to become self-sufficient up to that level. This kind of support is also often awarded to stay-at-home parents, and the duration of such cases is often until the youngest child becomes 18 years old. Just because support has a termination date doesn’t necessarily mean it ends then. The decision can still be reviewed and amended by the courts.

What Is Permanent Support?

Permanent support is when one spouse pays spousal support until he/she or the other spouse passes. Awarding permanent support means that the judge deemed that one spouse is responsible for maintaining the other’s lifestyle forever. This is often reserved for marriages longer than seven years and when a spouse played a considerable role in helping the other achieve his/her success. It’s possible for permanent support to be terminated or suspended, such as when the spouse receiving support marries or even cohabitates with another.

What Is Lump-Sum Support?

Lump-sum support is a fixed amount paid from one spouse to the other, and it usually has no restrictions regarding situation, such as remarriage, cohabitation or self-sufficiency. Such agreements and decisions are often in lieu of a property settlement. Lump-sum support can also be used to ensure that a certain amount of money is paid to a spouse’s estate after his/her passing.

What Is Temporary Support?

Although rehabilitative or durational support is temporary in a sense, it’s not the same thing as temporary spouse maintenance. Such support is common when a couple separates on a trial basis or have separated but not yet finalized the process. Such support can be an agreement made between the spouses and not involving the courts at all. If the agreement is filed in court, a judge will determine if the agreement is fair and may adjust it as he/she sees fit.

Are There Tax Ramifications?

Yes. The U.S. federal government views spouse maintenance as income. The spouse paying that income is therefore generally allowed to use that payment as a deduction. The spouse receiving that income, on the other hand, must pay income taxes as with any other source of income earned.

Get the Legal Assistance You Need Today

If you’re faced with the prospect of paying or receiving spousal maintenance due to a separation or divorce, assistance from an attorney that focuses on Pennsylvania family law can make a big difference. Joanne Kleiner & Associates has handled many such cases, so contact us today online or by calling our office in Jenkintown at (215) 886-1266.