Law Office of Joanne Kleiner

Archives for December 2018

Dec 17

The Determination of Primary Caregiver

How a Parent Can Be Designated As a Primary Caregiver

One of the primary components of child support is determining who is the primary caregiver for the child, which plays a part in who receives the child support payments. In 2014, around 82 percent of primary caregivers were mothers, with only 18 percent being fathers. When you are going through a divorce or separation and need to know more about child support, one of our child support lawyers can help answer your questions.

The Importance of a Primary Caregiver in Child Support Cases

In almost all cases, the primary caregiver of the child will receive child support payments from the other parent. While determining the identity of the primary caregiver plays a large role in child custody cases, it’s also important with child support. The parent who gains custody of the child will be considered to be the child’s primary caregiver, which means that the other parent is going to need to make child support payments.

The parent who becomes the child’s primary caregiver is usually the one who can display to the courts that he or she was the main caregiver for the child during the marriage. Along with being able to support the child financially, the primary caregiver will also need to have an emotional bond with the child. In the event that both parents share custody equally with no one being labeled as a primary caregiver, child support payments may still need to be paid and are determined by which individual brings in the most income.

How the Role of Primary Caregiver Is Determined

When the courts are attempting to identify which of the parents should be the primary caregiver for the child, their primary focus is on how the individuals have divided the main responsibilities that they have as parents. These responsibilities include tasks like:

  • The planning and preparation of meals
  • General health care plans
  • Grooming, dressing, and bathing
  • Attending parent-teacher conferences as well as open houses at school
  • Partaking in fun activities with the child
  • Helping the child with his or her homework while also teaching him or her skills like reading and writing
  • Taking care of laundry and purchasing any necessary clothes

The parent who performs the majority of these tasks will likely be named as the primary caregiver of the child in question. While other factors may come into play, the person who spends the most time with the child and is able to support him or her financially has the largest chance of being designated as the primary caregiver.

Making Decisions Based on the Child’s Best Interests

If the courts are provided with comprehensive information that details how the parental responsibilities are divided between both people but can’t come to a decision about which one should be the primary caregiver, it’s possible that this decision will be made by the courts based on the child’s best interests, which can determine who will be making child support payments. If the parental responsibilities are divided evenly among each person, there are many factors that will be considered when looking at what is in the child’s best interest. These factors include:

  • The child’s age
  • The child’s opinion (if appropriate)
  • The mental and physical health of the parents
  • Any evidence of drug abuse, emotional abuse, or excessive amounts of discipline by the parent
  • How the parent interacts with other members within the household
  • Which parent would allow for the continuation of a steady home environment

When one parent has been named as the primary caregiver of the child, the other person will need to start making child support payments on a monthly basis. Consider contacting our child support lawyer if you’re wondering about how these payments are calculated.

If you still have questions about whether you will be able to become your child’s primary caregiver, contact one of our Jenkintown child support lawyers at (215) 886-1266 to have a more detailed conversation about your case.

Dec 14

Fault and No-Fault Divorce in Pennsylvania

Understanding Types of Divorce in Pennsylvania

When married couples decide to separate in Pennsylvania, there are several different grounds for divorce they could consider. While more people used to file suits for divorce against their spouses, it’s now more common to opt for a no-fault divorce or a divorce by agreement. Since there are many different reasons for choosing a specific type of divorce, it’s important for a soon-to-be ex to partner with a divorce lawyer.

Fault and No-Fault Pennsylvania Divorce

The broadest types of divorce available in the commonwealth are fault and no-fault divorces. Each type of divorce available in Pennsylvania is processed differently, depending on the grounds for the separation. A Pennsylvania family law attorney can explain each option based on your unique situation and make recommendations about which grounds may be most appropriate for your case. The main differences are as follows:

  • In a divorce based on fault, one spouse sues the other for divorce and must prove the grounds claimed as the cause of the action in court.
  • In a no-fault divorce, one or both spouses may file the divorce action, but the case is not based on specific grounds.

Understanding Fault Divorce Options

Pennsylvania’s divorce code allows for divorce on the basis of certain grounds and generally recognized problems for which one spouse bears the burden of responsibility. These are the oldest types of divorce available in the laws of the commonwealth and have been adopted from classic English common law. Modern grounds for a fault divorce are available to either spouse in a marriage regardless of gender. The six grounds for a fault divorce in Pennsylvania are the following:

 

 

  • Willful and malicious desertion: Under these grounds, one spouse has left the other for at least one year.
  • Adultery: In this case, one spouse cheated on the other.
  • Cruel and barbarous treatment: This refers to one spouse endangering the other’s life or other types of serious abuse.
  • Bigamy: Under this ground for divorce, one spouse was already married when he or she married the other.
  • Imprisonment: This ground applies when one spouse has been sentenced to a prison term of at least two years.
  • Indignities: This ground for divorce usually refers to emotional, verbal or other types of nonphysical abusive behavior.

When only one party wants to get a divorce, he or she can sue for divorce on the basis of one or more of these grounds. The spouse seeking the divorce will need to be able to prove it in court, so it is important to save evidence. Evidence can include electronic proof of an affair or testimony about abuse from bystanders. However, the other spouse can attempt to challenge this evidence and work to have the divorce denied on that basis.

Pennsylvania No-Fault Divorce Options

Before the advent of no-fault divorce, even couples who mutually agreed to separate found themselves pursuing fault claims in order to end an unhappy marriage. However, the commonwealth’s law now allows people to pursue a divorce without showing that the other party is at fault. There are two major types of no-fault divorce, and both are based on the grounds that the relationship is “irretrievably broken.” However, it does not lay responsibility for that with one spouse over the other. The types of no-fault divorce are:

  • Mutual consent divorce: Under this category, both spouses file statements with the court agreeing for the divorce. There is a 90-day waiting period after filing before a mutual consent divorce is finalized.
  • Irretrievable breakdown divorce: This type of divorce is still a no-fault divorce, but one spouse files for divorce. If the other does not deny the case, it will move forward. However, if the other spouse does deny that the marriage is “irretrievably broken,” the spouse seeking the divorce will need to show that the couple has been separated for at least one year. This does not mean just physical separation but an awareness that the relationship has come to an end.

People considering divorce in Pennsylvania have several options to help them pursue a new, independent future. A divorce lawyer can provide advice, representation and guidance to help a client protect assets and reach an agreement on key matters including property division and spousal support. Call the offices of Joanne Kleiner & Associates at (215) 886-1266 in Jenkintown to set up a consultation.