Law Office of Joanne Kleiner

Joanne Kleiner

Mar 24

Advice for Setting Up a Mutually Beneficial Parenting Schedule

Tips for Setting a Co-Parenting Schedule Without Court Involvement

Determining child custody is an essential part of most divorces. Despite the animosity that spouses might feel toward one another, roughly four-fifths of child custody agreements are decided without judges or other third-party entities getting involved. Considering this widespread trend in the world of divorce, you should have a good idea of how to go about successfully reaching a co-parenting schedule that you and your soon-to-be-ex-partner both agree on without third-party involvement.

1. Understand That Parenting Plans Don’t Just Include Schedules

Parenting schedules determine when and where divorced parents can spend time with their children. In some cases, one party can only visit their children at the other parent’s house. However, most parenting schedules allow the other parent to take custody of their kids for at least one full day every two weeks.

Parenting plans don’t just determine when parents will see their kids. These plans also outline who will be responsible for making important decisions. A few of the most common decision-making topics covered by parenting plans include:

  • School enrollment
  • Medical treatment
  • Health insurance plans

Knowing that parenting plans contain both time-sharing and decision-making agreements could improve your chances of reaching a comprehensive parenting plan that meets your own and your spouse’s needs.

2. Think Outside of the Box

Many experienced divorced parents have found that one-week-on, one-week-off co-parenting schedules aren’t ideal. Although they might seem like the definition of fairness, these alternating-week schedules can cause serious problems down the road. Having your kids for an entire week at a time can force you to incur substantial child care expenses. It can also lead to unnecessary stress, in turn stifling your parental performance.

Ideally, divorced parents who are on good terms allow each other to see their children on off weeks. This is essential to keeping your kids happy and healthy as children typically don’t like going a full week without seeing their mom or dad.

It’s important to create a parenting plan that leaves room for flexibility. For example, maybe you find that it works better to switch custody every two or three days. If you keep an open mind and remain willing to change the plan as needed, you’re more likely to land on an agreement that works out for everyone’s benefit.

3. Be Transparent About Your Expectations and Concerns

Be clear about your custody expectations with your soon-to-be-ex-spouse. Obscuring your goals can lead your former partner to feel wronged, potentially complicating your divorce even further.

If you’re not sure how to approach your spouse with these expectations and concerns, run them by your divorce lawyer. Should you not feel confident disclosing them to your spouse on your own, your divorce lawyer can share these ideas with your spouse in a way that avoids rocking the proverbial boat.

4. Think About Using Co-Parenting Apps

Consumer technology has undoubtedly made some facets of life easier. Many divorced parents have had good experiences with co-parenting apps. These mobile apps and computer programs help you track important documents, organize all co-parenting matters and keep from forgetting essential details.

Co-parenting platforms back up all information shared to secure cloud servers, which hold you and your former spouse accountable. You can share receipts, medical bills and calendar information and keep it all in one secure place.

A Family Law Attorney Could Improve Your Bargaining Experience

If you’re like most parents, you place your children’s well-being and future prospects above everything else. Considering the decades-long effects a divorce can have, you should enter the divorce process prepared to negotiate with the best interests of your children in mind.

Let skilled divorce lawyer Joanne E. Kleiner help you through your divorce. Feel free to stop by our main office in Jenkintown, Pennsylvania, or call us at (215) 886-1266. You can also reach out to us by completing our website’s contact form.

Mar 20

Reasons You Might Keep Paying Child Support After Your Child Is 18

Does Child Support Always Stop When the Child Turns 18?

Each year, roughly $33 billion in child support is paid to families around the nation. If you are one of the many families dealing with child support, you might be wondering how long you can expect to have child support. The answer to this question will depend on a few factors.

Different States Have Various Child Support Rules

The first thing you need to know about child support is that there is no nationwide law in place for when child support ends. Instead, it varies by state. Some states, like Pennsylvania, have the cutoff at 18 while others have it at 19 or 21. In many regions, whether or not the child is in school matters. A child may get support until 19 or 21 in some states if they are still in high school. Typically, your child support will be determined by the state you divorce in. Even if you or the other parent moves to a different state, you may still be bound by the initial child support ruling from your previous home state.

As long as at least one parent is living in the state where the initial child support order was made, that state has jurisdiction over the child support. You will be subject to their rules for when child support ends unless you petition the original state to change your order. If neither parent is living in the state, it is easier to adjust child support. You may be able to petition the court in your new state to get a child support agreement that follows that state’s rules. However, determining jurisdiction for child support can be tricky, so it is a good idea to consult with a divorce lawyer about modifying your agreement.

Children With Special Needs May Require Additional Support

In addition to being in school, another reason for child support after 18 is special needs. When a child has special needs, the court will take this into account with their child support. To continue getting child support after the age of majority, the child must be diagnosed with a mental or physical disability. Furthermore, this disability must be so severe that the child is unable to care for themselves. For example, a deaf child may not need extended child support while a child with severe Down syndrome may need it.

In cases of special-needs child support, there is no set rule for when child support ends. Typically, child support will be an ongoing responsibility that is necessary as long as the child cannot care for themselves. However, these child support duties might not be as extensive as you would assume. Adult children with disabilities are eligible for Social Security benefits, and these benefits will reduce the amount of financial support the parent must pay.

You Have to Follow Any Arrangements From Your Divorce Agreement

When your child support lawyer was helping you finalize your agreement, you may have discussed child support. Many families choose to make their own agreements instead of relying on the basic legal guidelines. In these cases, you will be bound by your divorce agreement. If your agreement included things like paying for support through college, you will be bound by this agreement. While no child support agreement can provide less support than the state deems necessary, the state will not interfere with an agreement that provides more support.

Ultimately, most child support will end at the age of 18, but there are some exceptions that can result in lengthier periods of time for paying child support. Whether you are interested in designing a new child support agreement or modifying your current arrangement, the Law Office of Joanne Kleiner can help. By speaking to a divorce lawyer, you can learn more about your state’s rules and see how child support agreements work. Contact our Jenkintown office at (215) 886-1266 schedule your free consultation today.

Feb 21

Comparing and Contrasting the Various Types of Alimony in Divorce

A Brief Explanation of the Different Types of Alimony

Although everything is rarely split right down the middle in a divorce, the process almost always breaks apart most, if not all, aspects of spouses’ lives. According to a 2013 U.S. Census Bureau publication, 93.4% of the 1.8 million Americans who provide alimony to their former romantic partners or spouses are men. Of the $18.3 billion given to ex-partners or ex-spouses as court-ordered financial support, the mean and median annual amounts were $5,154 and $9,958, respectively.

All Alimony Eventually Boils Down to This

No matter what type of alimony you’re ordered to pay, it’s still alimony. Alimony, like all elements of divorce, is highly situationally dependent. In other words, alimony payments won’t just depend on your income.

The purpose of alimony is to support your ex-spouse’s lifestyle following a divorce. As you’ll learn throughout this article, different types of alimony serve different purposes. All of them, however, force someone to make regular payments to his or her ex-spouse.

A Precursor — Understanding Divorce and Legal Separation

Before diving into these three types of alimony, it’s important to understand the differences between divorce and legal separation.

As you may know, courts use marriages to officially recognize partners as full-fledged spouses. Marriages create legal obligations and rights for spouses, including the choice to file income taxes as married filing jointly. The IRS actually encourages married couples to file jointly by offering them several tax credits, including the Earned Income Tax Credit, the Child and Dependent Care Tax Credit, and the American Opportunity Tax Credit.

Similar to how courts legally recognize marriage, courts also formally recognize divorce as the immediate, permanent dissolution of marriage. Although alimony can be an upside or a downside, depending on which side you’re on, divorce comes with downsides, such as potentially having the responsibility to make financial support payments to your soon-to-be ex-spouse.

In terms of legal recognition, Pennsylvania courts don’t care whether you’re engaged to or dating someone. Conversely, splitting from your spouse without getting divorced does, in fact, hold legal weight in some states. This alternative to divorce is known as legal separation.

Pennsylvania, however, doesn’t have laws that recognize legal separation. The Quaker State allows spouses to create separation agreements that have many of the same functions as divorces without actually getting divorced.

Some of these functions include splitting property, creating co-parenting schedules, determining alimony payments, calculating child support obligations, and establishing who’s responsible for paying bills and outstanding debts.

Now that you understand the difference between legal separation and divorce, we can review the three different types of alimony recognized by the Keystone State: spousal support, alimony and alimony pendente lite.

Spousal Support

Unlike alimony or alimony pendente lite, spousal support is the only type of alimony that requires legal separation to be involved. Although courts want both spouses to support themselves, judges grant spousal support to dependent spouses to help them get on their feet.

Spousal support is available after you’ve formally filed a separation agreement and up until you or your spouse file for divorce. It doesn’t matter who files for divorce. As such, this form of financial support ends whether you or your spouse files for divorce.

Pennsylvania courts use a complex formula, which is found under 231 Pa. Code § 1910.16-4, to calculate the dollar amount of spousal support owed.

Alimony Pendente Lite

After spousal support eligibility ends, the dependent spouse can receive alimony pendente lite, which translates from Latin into English as “alimony pending litigation.”

This type of court-ordered financial support begins after a spouse has filed a divorce complaint and ends after the divorce is finalized.

Alimony pendente lite helps dependent spouses keep their proverbial heads above water throughout the divorce process. It also gives them the chance to properly defend themselves in court by hiring a divorce lawyer. Alimony pendente lite is calculated with the same formula that’s mentioned above. It’s just as long, and arguably too complex, for any non-attorney to understand.

Alimony

This is the alimony you probably had in mind before reading this article. In Pennsylvania, judges award alimony to dependent spouses to lighten the financial load of transitioning to pre-marriage life.

Although exceptions exist, alimony usually doesn’t break the better-off spouse’s bank. Judges strive to be reasonable when determining whether dependent spouses should receive ongoing financial support and, if so, what amount.

Lastly, there isn’t a time limit for alimony payments. Still, you shouldn’t expect to make monthly alimony payments indefinitely. Court-ordered spousal financial support usually won’t last more than a few years.

If you’re anticipating a divorce or legal separation, you can’t go wrong by contacting the Law Office of Joanne Kleiner of Jenkintown at (215) 886-1266. The firm’s sole practitioner, the well-tenured divorce lawyer, Joanne Kleiner, has more than 42 years of legal experience. You can also reach us by filling out our website’s contact form.

Feb 17

The Difference Between Equitable and Community Property Division

Equitable and Community Property Division Rules Are Not the Same

More than 700,000 Pennsylvania residents are divorced. This state operates under equitable property division guidelines in divorce proceedings. A spouse who assumes that he or she will automatically walk away with a 50/50 split of marital property is mistaken.

Property Division Rules Vary by State

Divorce laws vary by state. There are currently 41 states that operate under equitable property division guidelines and nine states that use community property rules. In every state, marital property and marital debt refer to assets or liabilities spouses have acquired or incurred during the marriage.

A family court judge overseeing property division proceedings will determine how marital property and marital debt should be split between spouses to settle a divorce. A divorce lawyer can help a concerned spouse protect his or her financial interests in court. Certain divorce-related topics can make property division more complex, such as if spouses have children together and must determine whether they will continue to live in the marital household and, if so, who will live with them as well as who will pay for maintenance and upkeep of the home.

How Equitable Property Division Differs From Community Property Rules

Business partners typically possess shared ownership interests in the assets of their company. If they dissolve their partnership, it is common to divide assets and liabilities between them. It is similar in divorce, meaning that neither spouse has an exclusive right or responsibility to any asset or debt accrued during the marriage. In states where community property division rules apply, all marital assets and debts are equally split, 50/50, between spouses in a divorce. In Pennsylvania and other equitable property states, the division of marital property must be fair but not necessarily equal.

A judge ruling on property division issues in an equitable property state determines how assets and debts should be split so that each spouse receives a fair portion of the overall value of the total assets and the amount of debt to be paid.

Establishing Separate Property Ownership

If spouses signed a prenuptial agreement before their wedding day, it is possible that certain assets or debt have legally been assigned separate ownership or liability to one spouse or the other. Certain issues, such as an inheritance that is designated for one spouse only, may also not be subject to property division in a divorce. Intended spouses can use a prenuptial contract to protect assets or avoid a liability, such as a future spouse’s college loan debt, in case a divorce takes place at some point; this is true whether the state in question has equitable or community property rules.

Equitable Property Rules Enable Asset Trading

In order for a Pennsylvania family court judge to determine a fair division of assets, spouses must fully disclose every asset or property they own. In some cases, it’s possible for spouses to agree to trade assets, meaning they agree to exchange the value of one asset for another. For instance, a car cannot be physically split in two; however, spouses might agree to exchange the value of a car for the value of another asset. Another example might be if a spouse wants to keep the marital home and is willing to exchange his or her value portion of a vacation property or other assets in order to do so. A divorce lawyer can make recommendations to a client regarding specific asset value issues.

Seek Clarification of State Laws Before Heading to Court

Divorce isn’t easy, but it’s often possible achieve a fair settlement and move on with life even if some issues are more complex and challenging to resolve than others. Regarding equitable property division versus community property division rules, it’s critical to understand the difference and to know which laws apply in a specific set of circumstances. If a person lacks knowledge about equitable division guidelines and heads to court assuming that he or she will automatically get an equal portion of assets in a divorce, discovering that this is not necessarily true may have a significant impact on his or her settlement and post-divorce financial status.

It’s always best to act alongside experienced legal representation in court because a family law attorney can protect a client’s rights and financial interests, especially during property division proceedings. If you’re concerned about property issues as you prepare for a Pennsylvania divorce, reach out to a Jenkintown divorce lawyer by calling (215) 886-1266.

Jan 23

Here’s Why Married Couples Delay Divorce Until the New Year

Reasons to Put Off Divorce Until New Year Rolls Around

Divorce agreement sales from March to June 2020 rose 34% from the same three-month period in 2019. The American Family Survey, a national survey held in part by Brigham Young University, found that 34% of married people said the COVID-19 pandemic increased stress in their marriages. Despite these alarming statistics, early state reports indicate that year-to-year divorce rates are down — are couples waiting for 2021 to file for divorce?

Keeping Children in Mind

Children look forward to Christmas as the most magical time of year. One poll found that 48% of respondents under the age of 18 consider Christmas their favorite holiday. Although it might feel like kids don’t value Christmas for the right reasons, children should never be robbed of a great Christmastime experience.

It’s true that children in split families can look forward to two sets of presents. After a divorce, parents typically need months to get settled into their new lives. Initiating divorce proceedings before the new year can ruin the magic of Christmas for children. This is arguably the No. 1 reason why waiting for the new year is the best time to get a divorce.

Holidays Are Filled With Emotions

As you already know, kids love Christmas. Many adults look forward to the holidays, too. Thanksgiving, Christmas, and New Year’s Eve offer back-to-back-to-back opportunities to take time off from work, visit family members, and enjoy countless home-cooked dishes.

Starting in early to mid-November, society collectively gears up for the holidays. City governments put up Thanksgiving and Christmas decorations around town. Advertisers run ads that mention the holidays. Social media fills up with mentions and pictures of fun, family-friendly holiday activities.

Even if you personally don’t celebrate these holidays, there’s arguably no way to avoid festivities. The holidays are typically associated with happiness, joy, and cheer, and breakups and divorces during Christmastime can evoke particularly negative emotions.

By agreeing to postpone divorce until the new year, you set yourself up for a much less stressful holiday season.

End-of-Year Divorces Can Lead to Unexpected Expenditures

The holidays are inextricably tied to consumer spending. Since you like making family members, friends, and co-workers feel special, you want to buy them nice gifts. Although you might not spend too much on each gift, the costs eventually add up.

According to the National Retail Federation’s annual holiday spending survey, the average American shopper plans to spend $998 on gifts and other holiday-related items.

Well over half of all married couples use the same bank account. It’s easy to unexpectedly spend more money than you initially planned during the holidays. During a divorce, however, soon-to-be ex-spouses may go on spending sprees just to spite their partners.

If you’re contemplating when to get a divorce, saving money is likely one of your greatest concerns. Avoiding a divorce around Christmas is a surefire way to save money.

Splitting Year-End Bonuses

Many workers receive year-end bonuses as a means of incentivizing high performance. Typically, employers need end-of-year sales data to determine whether employees receive bonuses or not.

If you receive your bonus before getting divorced, your spouse will likely be entitled to half of it. In most cases, after you formally file for divorce, you don’t have to share your earnings with your partner. If you’re expecting a big bonus, that’s yet another reason to delay your divorce until January.

Let a Divorce Lawyer Help You Through Your Divorce

Divorce is usually a difficult process. Fortunately, waiting for the new year can make divorce a little bit easier. Keep these benefits of delaying divorce in mind while assessing your own situation.

If you’re currently considering divorce or have recently been asked for one, we’d love to speak with you. Here at the Law Office of Joanne Kleiner, we focus on family law and divorce proceedings. Although divorce is notorious for being a long, difficult process, it doesn’t have to be. Our goal is to make the divorce process as seamless as possible.

The Law Office of Joanne Kleiner is located in Jenkintown, Pennsylvania. To schedule a confidential consultation with divorce lawyer Joanne Kleiner, give us a call at (215) 886-1266 today. You can also fill out our secure online intake form to get started.