Law Office of Joanne Kleiner

Amicable Divorce Attorney

Archives for November 2020

Nov 22

How to Handle Co-Parenting and the Risk of COVID-19 Infection

Sharing Custody During a Pandemic: Navigating COVID-19 Risks

According to the National Library of Medicine, only 60 percent of children lived with their married biological parents in 2009 compared to 84 percent in 1970. This leaves about 40 percent of children potentially traveling between two households. As COVID-19 infection rates soar across the United States, this puts children and both sets of custodial parents at an increased risk of becoming infected or passing it on to other members of either household.

Sheltering in Place Contradicts Shared Custody Arrangements

The amount of COVID-19 cases is increasing in most states as of October 2020. Public health experts and local officials continue to recommend that people shelter in place in their homes and avoid close interactions with anyone from outside their household. Unfortunately, these recommendations are likely to contradict what’s spelled out in your custody arrangement. Your situation may become even more tenuous if you discover that your ex-partner’s household poses a serious COVID-19 risk.

Understand the Common COVID-19 Risks

It’s important to recognize what is and isn’t a COVID-19 risk. For example, if your ex-partner is a surgeon who operates on patients every day, or his or her current partner is an EMS worker who transports ill and injured people for 12 hours per day, several days per week, these are risks for COVID-19. Even if your ex-partner takes precautions, he or she does have a higher-than-average risk for contracting COVID-19 and bringing it home to the rest of the household, and possibly yours. In this case, your ex-spouse may say that he or she isn’t doing anything wrong, but you could petition for temporary full custody until a vaccine is available. You could also ask that your ex-partner self-quarantine for two weeks or get a negative COVID-19 test result before spending time around your child.

Take Action If You Learn About Risky Behaviors

You may also find out that your ex-partner isn’t taking the recommended public health precautions seriously. Perhaps your child told you that the other parent had a huge party with no social distancing. Maybe your ex-partner never wears a mask. These are high-risk behaviors that put your child at a much higher risk of getting COVID-19 and bringing it home to you after spending time with the other parent. If this is your situation, it’s important to speak with our divorce lawyer. You may have legal means of keeping your child out of harm’s way if you can prove that your ex-partner is endangering your child due to a disregard for public health measures.

Be Flexible During an Urgent Situation

During these times, you’ll need to be flexible. Perhaps your ex-spouse was exposed to someone with COVID-19 or develops symptoms and seeks a test. While waiting on the test result, they should self-isolate. If you find out your ex-partner is self-isolating due to COVID-19, it’s your right to seek a temporary halt to visitation.

What You Can Do After the Fact

If you’ve been sharing custody since the COVID-19 crisis was declared a pandemic by the World Health Organization, you’re likely already stressed and fatigued. Now isn’t the time to let your guard down. COVID-19 will take advantage of any lapse in preventive measures. If your child comes back to your home after a weekend with the other parent, and you find out that the other parent is sick, you may be able to take action and protect your child under Pennsylvania law. The situation can be complicated because of HIPAA, but if you believe your child was exposed to COVID-19 by your ex-partner, it’s your right to have your child tested.

You need to make important decisions about the health and well-being of your child and family. The Law Office of Joanne Kleiner offers legal counsel to help you navigate these challenging times. To schedule a consultation with our divorce lawyer in Jenkintown, call (215) 886-1266, or complete our online contact form.

Nov 18

How the Pandemic Has Put a Strain on Household Finances

How to Manage Household Debts During the Pandemic

As of October 2020, the unemployment rate in the United States was 7.9%, and the unemployment rate had been as high as 14.4% in May 2020 when the pandemic was at its spring peak. Although eviction moratoriums and other protections have been put in place to help the unemployed, they can’t guarantee that you’ll enjoy financial security now or in the future.

What Happens If a Joint Debt Isn’t Paid as Agreed?

If your name is on an account that is more than 30 days past due, your credit score could fall by anywhere from 60 to 150 points. Furthermore, you may be subject to a barrage of phone calls, letters, or other attempts to collect the past due balance. This may be true even if your estranged or former partner is required to pay off a joint debt per the terms of a separation or divorce agreement.

Typically, your lender is only bound by the terms of the documents that were signed prior to receiving a loan. Ideally, a divorce decree will allow you to transfer debts that your spouse is required to pay to an account in that person’s name only.

In the event that a debt is secured by collateral, you risk losing that collateral unless an effort is made to get current on the loan. For instance, a lender could repossess a family car or foreclose on a family home if payments are not made in a timely manner.

Try to Avoid Using Retirement Funds to Repay Marital Debts

It may be tempting to use retirement savings to pay a joint credit card balance or make a mortgage payment. However, it is worth noting that money that sits inside of an IRA or 401(k) is typically exempt from being seized by creditors or by state or government tax authorities. It is also worth noting that your retirement accounts are generally seen as joint assets even if your name is the only one on them.

Therefore, making a withdrawal prior to filing for a divorce may be used against you during settlement talks or during a divorce trial. This may be true even if the money was used for what you perceived to be a legitimate purpose. A divorce lawyer may be able to provide more insight into what might happen to marital assets just before, during, and after a marriage ends.

Get in Touch With Your Lenders Immediately

In most cases, your lenders will work with you to make it easier to stay current on a loan during a period of economic distress. For example, you may be entitled to a student loan, car, or mortgage forbearance, which might make it possible to skip or postpone one or more monthly payments. If you have positive equity in a car, home, or other assets, it may be worth selling it and using the proceeds to buy food or take care of other necessities.

In some cases, alleviating your financial stress may alleviate issues in your marriage that might have put it on the brink of failure. For instance, getting mortgage forbearance may mean that you don’t have to move your child out of a quality school district or move from a home into a cramped apartment. It might also mean that your spouse doesn’t need to get a job outside of the house that could negatively impact his or her health.

However, if you feel as if your marriage is likely going to come to an end in the near future, it may be in your best interest to speak with a divorce lawyer. He or she might provide more insight into how joint assets and debts are typically divided in a divorce proceeding.

If you are in need of divorce legal services in Jenkintown, contact the Law Office of Joanne Kleiner today by calling 215-886-1266 or by sending a fax to 215-886-2670.