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Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Archives for April 2021

Apr 21

You May Claim Social Security Benefits Based on an Ex’s Work Record

Can I Receive Benefits From My Ex’s Work Record?

You can qualify for Social Security benefits based on your most recent ex-spouse’s work record if you meet a few specific qualifying criteria, and the Social Security Administration will only grant you payments on your ex’s earnings record if he or she qualifies for monthly benefits. Whether or not your former spouse is actively receiving benefits has no bearing on your qualifying for benefits under their record.

Eligibility Requirements

To be eligible to receive payouts under your ex-spouse’s income record, the marriage would have had to have lasted for at least 10 years. You would have been divorced for at least two years and had not remarried. Your ex-spouse would need to be a qualifying candidate that can receive Social Security retirement income or disability benefits. To be eligible for the benefits under your divorced spouse’s earned income, you must be at least 62 years of age.

How Are the Benefits Calculated?

The SSA calculates the higher of the two payments, either yours or your former spouse’s. It will issue checks to you based on one calculation, which means you will be getting the rate that pays you the most benefits. You will not be entitled to receive a double payment.

The most that you will be entitled to receive through your former spouse’s earnings record is 50 percent of what he or she would be entitled to at full retirement age, which is currently 67 years old. If the amount that you would receive based on your own record would be greater than that, then your payments would be based on your personal earnings history, and that of your former spouse’s would be ignored for this purpose. You can get the maximum amount available to you if you file for Social Security benefits when you reach full retirement age. It is important to bear in mind that if you end up getting paid based upon your former spouse’s earnings history, the amount that they are entitled to receive will not be affected in any fashion whatsoever.

If you claim earlier, the benefit amount gets reduced. The payouts can increase by 8 percent every year between age 67 and 70 years if you wait until age 70 to collect benefits. If you delay filing your Social Security payouts past age 70, however, your benefits will not increase further.

What Happens if You or Your Former Spouse Remarries?

If your ex-spouse remarries, your eligibility status for receiving benefits under their record is unaffected. However, if you remarry, you no longer qualify for payments based on your ex’s record.

Filing the Claim

Before you file an application to receive benefits that are based on your former spouse’s income record, contact your local Social Security office to determine if you meet the eligibility requirements and to learn how much of a monthly payment it is estimated that you will receive. You will have to provide certain personal information, including your U.S. passport or another form of legal identification, as well as your divorced spouse’s identifying information. This can include your former spouse’s Social Security number, name, and any other information you may still have access to, such as a marriage certificate and a divorce decree. If you cannot locate those latter documents, you will need to provide the approximate dates of those events.

You can consult a divorce lawyer to ensure your documents are in order. The Social Security Administration will use this information to look up your former spouse’s work history.

The earliest you can file your Social Security claim is three months before you turn age 62. You can file an online application through the Social Security Administration website or by calling the SSA toll-free If you need an in-person interview with a Social Security representative, you should make an appointment with your local SSA office.

If you are confused by the process of claiming benefits from your former spouse, having the help of a divorce lawyer can be important. Contact the Law Office of Joanne Kleiner at (215) 866-1266 to learn more about the specifics of your case.

Apr 17

Can You Increase Child Support if Your Ex Gets a Pay Raise?

Can you increase child support if your ex makes more?

The courts use the Pennsylvania child support formula to calculate child support obligations. When a parent has a change in their income, the other parent may wonder if it’s grounds for a child support increase. In Pennsylvania, the court may change a parent’s child support obligation because the parent makes more money than they did at the time of the last court order.

Support changes because of income changes

Child support awards are based on the needs of the child and the resources of the parents. The court may consider the entire circumstances when determining what monthly amount to order. Generally, support awards in Pennsylvania are set by a formula. The paying parent receives a calculated offset for the time they spend with the children. In general, the court sets the amount that the parent pays based on the parent’s gross income minus deductions, plus allowances for medical care and child care.

The law allows for a modification of support because of a change in circumstances. A change in circumstances can be a raise. When a parent is aware that the other parent has more income, they may ask for an increase because of a raise. If the court agrees, they may recalculate the amount and change support accordingly.

How to raise support because of a raise

To increase support because of a raise, the parent files a court motion. They fill out a form. The court schedules a conference on the matter. A parent may have the help of a divorce lawyer to assist them in the process of asking for a change in the amount of the order.

The court may ask for proof of income. The court may increase the amount because of a significant change in income. Minor changes are not sufficient. The court can account for seasonal income and even commissions, tips and bonuses. When a parent is self-employed, there are allowable deductions for business expenses. The court may look at detailed information in order to arrive at a true net income that represents the funds that a parent has available to pay support.

Reporting a raise to the court

If a parent has a change in income, they are required to report it to the court within seven days. A parent may ask the court for a hearing if they suspect an income change even if the other parent does not make a timely report. The amount ordered is due each month until the court changes the order. In order to have a change in support, the parent must initiate a review of their case by filing the appropriate motion.

Periodic review of child support

Even if there is no known change in income, a parent may request a review of child support every three years. If it has been three years, the court may conduct a review upon request. During the review, the court ensures that incomes are calculated appropriately and that costs like health insurance and child care are updated. A divorce lawyer may assist a party with presenting information to the court.

Support awards for high incomes

If parents have a combined income over $30,000 per month, an increase in parent earnings may not increase a child support award. There are a number of reasons that the court may deviate from the amount recommended by the child support formula. When parents have an especially high income, it may be grounds for a deviation. The court looks at all of the relevant circumstances including the income of the parents.

Legal assistance for child support if ex makes more money

If you suspect that your ex is making more money, you may qualify for an increase in support payments. But you must take action. Our legal team can help. If you suspect that your ex is making more money, contact the Law Office of Joanne Kleiner at (215) 886-1266 to see how you might increase child support.