Law Office of Joanne Kleiner

Archives for September 2020

Sep 23

Domestic Violence Increases With Pandemic Lockdowns

Domestic Violence Surges During Pandemic

Many divorce lawyers have noted an increase in marital separations during the pandemic due to domestic violence. With the stay-at-home orders now being eased, we’re starting to learn the truth about what happened during the past few months. Even before the orders to stay home, 123 victims died from domestic violence in Pennsylvania in 2018.

A Worldwide Issue

Back in April, the United Nations Secretary-General António Guterres noted that domestic violence had increased during the pandemic as stay-at-home orders became the norm. Both social and economic pressures have led to problems within the home, a place where people should feel their safest.

In his speech, Guterres mentioned that the number of women who were calling support services had doubled. He urged that governments make it a priority to treat domestic violence as well as the coronavirus.

Families Are Stressed

At this unprecedented time, parents are struggling with economic uncertainty, financial concerns, political unrest and the possibility of COVID-19 infection. When questioned in social surveys, families reported the following emotions:

  • Anxiety
  • Feeling overwhelmed
  • Fear
  • Frustration

All this adds to the feeling of being stressed, which is hard on positive family dynamics. It is harder for people to regulate emotions when this stress occurs. Berating loved ones as well as themselves is how some people cope with the uncertainty of the times. Uncertainty may get so bad that it manifests as violence in the home. In some cases, this has occurred in homes where abusive behavior has never occurred before.

What is domestic violence? According to the National Domestic Violence Hotline, “Domestic violence (also called intimate partner violence, IPV, domestic abuse or relationship abuse) is a pattern of behaviors used by one partner to maintain power and control over another partner in an intimate relationship.”

Domestic violence can be physical or emotional. For example, regular threats and intimidation are signs of IPV. When the parents in a home are feeling powerless because of outside forces, such as the COVID-19 virus, it heightens the need to regain control. This may result in aggressive behavior, both mental and physical.

There is evidence that the murder-suicide rate in which a male partner kills a female and then himself has risen since the same period last year. There is no question that stress has been a factor in many homes.

While the country re-opens, those who have locked down with an abuser may begin to seek a solution. Lawyers are already noting the spike in divorce filings. However, it may be unclear for a while just how much domestic violence increased in 2020.

Children Can Get Through Divorce

Now that full lockdown has ended here in Pennsylvania, it might be time for you to move on. Your home may no longer be a safe place, and perhaps you feel as if you are lost in the water and are not sure how you’ll get back to the safety of the shore. Your children’s welfare could be a great concern as well.

The thought of divorce brings a lot of fear to some. If you’re in this situation, reach out to friends and family. Your kids will need to rely on you, and you can provide routines that will provide care and structure, assuring them of your love in an unsettling time.

Explain the separation to your kids. They may have already witnessed the reason while you were all at home, but it should now be discussed honestly with a child-friendly explanation.

Help Is Available

The Pennsylvania Coalition Against Domestic Violence works with local programs to ensure the safety of survivors of domestic violence. Their site also offers advice for staying safe during the pandemic, both in English and in Spanish.

Whether you have experienced abuse or not, it’s important to seek help from a divorce lawyer before ending a marriage. The Law Office of Joanne Kleiner can provide the legal guidance you need. Located in Jenkintown, our office serves Montgomery County, Bucks County and Philadelphia County. Contact us online or call us at 215-886-1266 to schedule a consultation.

Sep 19

The Impact of COVID-19 on Child Support and Alimony Orders

How COVID-19 Is Impacting Child Support and Alimony Orders

This year, the spread of COVID-19 brought most areas of everyday life to a screeching halt. With more than 45 million Americans filing for unemployment at the beginning of state-ordered shutdowns from mid-March to early April, most households have experienced a change in their employment and, possibly, their finances. Changing finances can affect the households of divorced couples and parents who have informal or court-ordered financial support arrangements in place.

How Covid-19 Is Affecting Spousal and Child Support

Recent spikes in unemployment have caused many people’s incomes to decrease rapidly and unexpectedly. For custodial parents and recently divorced individuals, a sudden reduction in their household income makes child support and alimony payments even more critical for maintaining their lifestyles. At the same time, parents and former spouses who are required to make maintenance payments may find themselves struggling to meet their financial obligations. As a result, both sides are more likely to find themselves seeking legal recourse.

Impacts on Child Custody Arrangements and Visitation

COVID-19’s effects extend beyond financial support orders. People who have court-ordered visitation agreements may be unable to follow their regular schedules due to travel restrictions and health advisories. Parents who typically meet their children in public settings during visits or to exchange custody may find it challenging to find a mutually convenient, safe setting in which they can have visits or pick up their children. In addition to parents facing logistical challenges, courts and administrative agencies must also develop solutions to compliance-related questions.

What Can Custodial Parents and Formerly Dependent Spouses Do?

Every case is different. Therefore, parents who have custody of their children and individuals who receive spousal support should immediately notify their attorneys if COVID-19 is disrupting their child support or alimony payments. In cases in which both adults can communicate civilly, both parties may be able to work out temporary arrangements and abide by them for as long as the pandemic impacts their original agreement. Parties that can agree to modify their agreement should contact their respective lawyers and put the new terms in writing.

What Can Noncustodial Parents and Former Spouses Who Pay Alimony Do?

Parents and individuals who are ordered to make support payments to their former spouses and/or their children may get a reprieve by requesting a modification. If the paying party is unable to agree with the receiving party to temporarily amend the current support order’s terms, the paying party may unilaterally seek a modification in court by filing a motion. To file the motion, the party who wishes to seek a modification should contact a divorce lawyer or, if the parties were never married, a family law attorney who specializes in child custody cases.

Jurisdictional Changes Due to COVID-19

Several jurisdictions across the U.S. are making adjustments to their standard procedures due to the impact of coronavirus. Courts are closed due to social distancing orders. In many cities and states, administrative staff members work remotely and may have modified office hours. Court closures and staffing limitations have led to delays in hearing schedules, and court access may be much more limited than under ordinary circumstances. The responses from different states have been mixed. In some states, courts may be shut down completely, which may result in compounding debt for noncustodial parents who have recently lost their jobs due to the impact of COVID-19 on business operations.

Legal Advice for Support Orders Affected by COVID-19

Whether you have been ordered to make maintenance payments to a spouse or support payments for a child or if you are the court-ordered recipient of support payments, the first step toward seeking legal remedy to challenges presented by COVID-19 is to contact a divorce lawyer. Your attorney will know about the latest updates on how your jurisdiction is currently processing cases that involve support orders. Our Jenkintown, Pennsylvania, divorce lawyer can help you navigate even the most contentious situations while protecting your rights. Call us today at (215) 886-1266 for a case evaluation.