Joanne Kleiner & Associates

Joanne Kleiner

Jul 20

Can Workers’ Compensation Be Used to Pay Child Support?

Can I Get Child Support From Workers’ Comp Payments?

When you have primary custody of your child, you have the right to seek child support from the noncustodial parent. If your ex is one of the 3 million Americans who are injured on the job each year, you might hope that workers’ compensation is a way to get extra child support. Keep reading to find out if workers’ compensation can be taken away to pay for child support.

Is Workers’ Comp Used As Child Support?

When it comes to child support, the legal system is set up to make sure that children get their basic needs taken care of. Any sort of personal income, including wages, investment dividends, pensions, disability benefits or social security benefits, can be a type of child support.

Therefore, if you have custody and need child support, the noncustodial parent’s workers’ compensation payout should be used to calculate the obligation amount. Workers’ compensation is usually meant to make up for the lost wages that a person could not earn due to injury. So, essentially, it becomes a form of wages that should be used to support your child.

A child support agreement can be made any time one of the parents of a child does not have full custody, so there are a few different circumstances where workers’ comp payout may be used for child support. If you get divorced and are awarded custody of your child, you may be able to start getting workers’ comp as part of your child support. You may also start receiving workers’ compensation payments as part of your child support if you establish that the person receiving the benefits is the father of a child.

Will a Workers’ Comp Award Change Your Child Support Payments?

Any workers’ compensation benefits a person receives will be used to calculate child support if you are still working out custody arrangements. But what can you expect if you already get child support, and then the other parent suddenly wins a workers’ compensation lawsuit?

It turns out that any change in income can result in a change to child support payments, but it doesn’t happen automatically. Either you or the other parent or guardian of the child will have to petition the court to change the previous child support agreement.

If your ex is not making as much money since getting injured, he or she can explain the situation to the court and ask that they lower the payment requirements to reflect his or her reduced income. However, if the workers’ comp award means that the other parent is now making more than you used to, you can get your child custody lawyer to ask the court to raise the amount of child support.

Can Workers’ Comp Be Garnished?

What happens if the other parent is required to pay part of their workers’ compensation award as child support but does not want to? Once you have custody, you can initiate a court case to get the support you are owed.

In this situation, a child custody lawyer can explain to the judge that your partner was capable of paying support but refused to. If the judgment is in your favor, the court can order garnishment of the workers’ compensation. This would mean the money is automatically taken out of a compensation benefit check or lump sum payment and given directly to you as the custodial parent. You might find that the workers’ comp garnishment includes taking money for past owed child support and current child support payments.

If you have any other questions about how child support and custody rulings affect workers’ comp payments, the Law Office of Joanne Kleiner can provide assistance. We are happy to help residents of Montgomery, Bucks and Philadelphia counties navigate the challenges of paying child support. Call our office in Jenkintown, PA, at (908) 200-2297 or fill out our online email form to set up a consultation now.

Jul 17

Survival Tips for Living Together During a Divorce

Tips for an Amicable Divorce While Living in the Same House

When a married couple files for divorce, one person usually moves out of the marital home. However, there are times when the couple continues to live together during the divorce process. Some states require separate residences, but Pennsylvania is one state where you can still cohabitate during the divorce process.

Unconventional Living Arrangements

It may be unconventional, but many couples are choosing to live together until the paperwork is finalized. There are many reasons for a couple to cohabitate during the divorce process. In some cases, couples live together due to financial or legal reasons. For example, the law in Pennsylvania focuses on possession of the property. If one spouse wants to keep the house, they will stay in it and fight for legal ownership. Once one party leaves the property, they can often lose their rights for the home. In this situation, the property will be awarded to the other spouse.

In other cases, financial obligations are the reason that a couple continues to live together. If the split is amicable, they may decide it is cheaper to pay for one home rather than two separate residences. One spouse may not make enough money to move out and pay for rent. The couple can choose to live in the same house until it is sold or enough money is saved to move out.

If you are choosing to live in a marital home during your divorce, you will face some challenges. Whatever your reasons for sharing a home, there are a few ways to remain cordial during this process.

Be Cooperative

Despite these unusual circumstances, you want to treat your partner with respect. If you have children, this is very important to stay cooperative during the process. You may want to express your feelings about your spouse, but you must remain calm. It is normal to harbor some negative feelings, but you need to work through them and focus on being civil towards one another. You can create a healthy environment without any tension during the separation period.

Keep a Schedule

Communication is key to keeping a peaceful home with your ex-spouse. Once again, you need to think about the environment for the children. Divorce can be a difficult time for children, and they may not understand the reasons for your separation. You want to make sure your children stick to their normal schedule. Both spouses can decide on who will watch the children or take over certain tasks.

Discuss Finances

Financial problems are one of the main causes of divorce. If you want to live together, you will have to discuss the issues of finances. It is important to decide how the bills will be split between the two spouses. If you do not have any financial arrangement in place, the living situation will become tense. At this time, you may want to talk about spousal support as well.

Take Care of Yourself

During a stressful divorce, it is important to take care of your mental and physical health. You need to take time to recharge your batteries and find new interests. It is essential to schedule some time to meet friends, see a movie, or grab some coffee. You can turn the focus away from the divorce and spend more time focusing on you.

Need Some Help With Your Divorce Case?

There is no such thing as an easy divorce, and many of them are complex situations. During this time, there are many emotions involved. It can be difficult to make a logical decision. With a positive attitude and a supportive attorney on your side, you can make your divorce process less stressful. When you live with your ex-spouse, it can add to the already tense situation.

There are multiple elements and challenges for any divorce. You want to have an experienced attorney to help with spousal support, child custody, and other issues. You can contact the Law Office of Joanne Kleiner at 215-886-1266 for a consultation about your Philadelphia divorce case.

Jul 14

Why Joint Custody Is Important

What to Know About the Benefits of Joint Custody

A recent study in Wisconsin found that the percentage of parents who share custody rose from 5% in the 1980s to 27% in 2008. Changing views regarding gender roles is one key reason why it has become more common for parents to share custody of their children after a divorce. Let’s take a look at some key benefits that parents and children derive from a shared custody arrangement.

Children Get Both Parents in Their Lives

When crafting a custody order after a divorce, the best interests of the child are the top priority. As having two parents is generally in a child’s best interest, judges are loath to not grant custody to both parents whenever possible. It is important to note that couples may split legal custody without sharing physical custody.

Legal custody allows a parent to make decisions for a child while physical custody means that a child lives with the parent. However, parents who don’t have physical custody will likely be granted the right to have their children visit during the day or stay overnight. Even if they don’t get along with each other, it is still possible for each parent to have a good relationship with his or her child.

Joint Custody Creates Better Parents

Obtaining custody rights gives a parent the autonomy and freedom to create boundaries tailored to his or her child’s needs. However, it also provides a parent with the responsibility to enforce those boundaries. This is necessary to maintain a healthy family life.

When parents live together, it may be tempting for one person to simply delegate some or all child care tasks to the other individual. However, when there is only one parent available to provide such care, he or she has to read that bedtime story or figure out a way to stop the baby from crying.

As most parents learn through experience, having to take an active role in a child’s life will help them in the long run. Getting to know their children on a deeper level may make it easier for parents to anticipate their needs. This could help prevent issues like drug use, skipping school or taking part in other harmful activities.

Children Have Stronger Relationships With Their Parents

Parents who share custody of their children must learn to work as a team. Since they both have rights to the child, one person cannot take steps in an effort to cut out his or her ex. Fortunately, many parents actually find that that they work together better without the stress of their own strained relationship weighing them down.

Therefore, the focus is typically truly on the child and his or her development into a functional adult. Even if the parents still don’t get along after their divorce is finalized, they generally have enough respect for each other to not interfere with the relationship that each person has with the child. When children don’t have to worry about drama involving their parents, they tend to feel more comfortable talking about their feelings.

It May Cost Less to Simply Share Custody

Assuming that both parents are fit to have relationships with their children, opting for joint custody may help everyone save time and money. This is because there will be no need to go to court or spend an exorbitant amount on legal fees. However, it may be a good idea to have a child custody attorney review a parenting plan or any other agreement before it becomes binding. A lawyer might also be present during mediation sessions to help resolve issues before or after the divorce.

If you need a child custody attorney to help with a dispute with your child’s other parent, the Law Office of Joanne Kleiner can help. You can call our Jenkintown, PA, office at (215) 886-1266 to schedule a consultation. We’re prepared to answer your questions. You can also get in touch with us by sending a fax to (215) 886-2670.

Jul 11

What You Should Expect From a Collaborative Divorce

What the Collaborative Divorce Process Involves

While divorces can be messy and time-consuming, it’s possible to avoid some of the frustrations that come with divorce by obtaining a collaborative one. In 2017, there were more than 787,000 divorces, which equates to a rate of 2.9 for every 1,000 people. If you’re seeking a divorce and you would like to explore the collaborative process, our divorce lawyer can help you understand more about this method and what it entails.

What Is a Collaborative Divorce?

This is a type of divorce that’s designed to eliminate the need to go to court by negotiating many of the issues that the divorcing couple has. This process can involve a series of negotiations in order to come to an agreement that both spouses agree on. Certain courts require the divorcing parties to attempt a collaborative divorce before going through with the litigation phase of the divorce, which occurs in court before a judge.

If the issues that you are having with your spouse are somewhat minimal in nature, this type of divorce may be possible for you and will allow you to avoid the lengthy process that comes with a court divorce. Everything from child custody and child support to property division can be negotiated during collaborative divorce proceedings.

What Are the Advantages of a Collaborative Divorce?

The benefits of obtaining a collaborative divorce as opposed to a contested divorce are numerous, the primary of which is that you will be able to save both time and money. When a divorce goes to court, there’s no way to be certain about when the divorce is going to be finalized. A collaborative divorce is much more straightforward with a timetable that’s dependent mainly on how fast you and your spouse are able to come to an agreement.

These proceedings also take place in an informal setting, which should be able to keep tempers from flaring while discussions are ongoing. It’s also important to understand that a collaborative divorce is one where you and your spouse have a substantial amount of control over the results of the divorce. When a divorce goes to court, the judge will have almost complete say over how your property is divided and what kind of spousal support is allotted. By making an agreement during a collaborative divorce, you may be able to avoid an unfavorable result for either party.

Collaborative Law Divorce Process

The collaborative divorce process begins with the hiring of attorneys who are familiar with this area of the law. Each party will hire their own attorney who understands how to progress through the mediation process. In many cases, the spouses will then speak with their attorneys privately to let them know exactly what they want from the mediation. While it’s possible that compromises may eventually need to be made, having a list of “demands” at the beginning will provide the attorney with a good starting point for the negotiations. To avoid prolonging the negotiation process, many spouses choose to provide their attorneys with lower limits that they are willing to accept. For instance, a spouse can demand weekly child support of $250 but set a lower limit that they are willing to go to of $150.

Both spouses will then meet along with their attorneys, which is a four-way meeting that will occur on a regular basis as negotiations continue. In the event that an agreement is proving to be difficult in some matters, it’s possible that a licensed mediator can be brought in to handle the negotiations. Once an agreement has been reached on all the particulars of a divorce, both spouses and their attorneys will be required to sign an agreement to avoid contesting their settlement in court, which denotes that the attorneys will remove themselves from the case if it continues to litigation despite the agreement. At this time, divorce papers can be filed, which can make for a very straightforward and seamless procedure.

If you’re thinking about starting the divorce process, call our divorce lawyer in Jenkintown today at (215) 886-1266 to schedule your first consultation and to learn more about the services we offer.

May 02

The Pros and Cons of a Nesting Divorce Plan

Can Nesting Work After a Divorce?

An estimated 50 percent of kids in the U.S. will see their parents go through a divorce. If this is happening to you and your spouse, you may be wondering how to help your kids through the transition. One option is to set up a nesting divorce arrangement with help from a Jenkintown divorce lawyer. 

What Is a Nesting Divorce Plan?

Nesting is a co-parenting arrangement that involves keeping the family home and letting the kids live there full time. It’s an alternative to moving them back and forth between the homes of two exes. 

In this situation, you’ll rent another space or two if you have the budget. You and your ex will be the ones to shift where you’re sleeping. Here’s how it works:

  • When it’s your time with the kids, you’ll move into the family home while your ex lives in the rented space.
  • When it’s your ex’s turn to be with the kids, he or she will move into the family home while you live in the rental.
  • You’ll continue to swap your shared living arrangements until your kids are old enough to be on their own or you can no longer sustain the lifestyle.

Not as Easy as It Sounds

Even if you and your ex are the ones moving in and out of the family home, you’ll need to be on good enough terms to establish a parenting plan. On its own, nesting doesn’t take the place of a plan or your time-sharing agreement.

Finances will be one major factor. You’ll need to decide who will pay for what and how. In addition to creating a regular schedule, it’s important to also work out who will be in the family home on weekends and holidays.

The Benefits of Nesting

You may benefit financially by keeping the family home and renting another small space to share. Living expenses are typically the biggest cost most people incur following a divorce. Along with the cost for the living space, you will also save on utility bills, cable/internet and other general living expenses. 

The emotional well-being of your children is another benefit of nesting. Shared living arrangements can be a lot easier on kids, especially if you have teens. Even though teens will have a better understanding of the situation, they might not like adjusting their living arrangements. Keeping children in the family home will ensure that they go to the same school and have the same friends. This may bring about better mental and emotional stability. 

The Downside to Nesting

The downside to keeping the family house is that you’ll still be tied to your ex in a very real way financially. When you sell the house and take separate paths, you’re creating a clean break. Child support would still be a factor but just until the kids are grown. Keeping the house is a much closer connection. 

Furthermore, simple matters like paying the cable bill can become major arguments. You may also run into big expenses such as the home needing a new roof or experiencing a flooding problem. In many cases, ex-couples will have to find a way to compromise on the finances. 

You’ll also need to work out child support. This can be especially tricky if you’re living in the same place. Dealing with the finances regarding food and the other shared residence expenses is another sticky challenge. 

The emotional side effect of sharing a home may be a problem as well. Are either of you planning to date? Will you bring someone home? You’ll have to decide how to work these issues out. 

A Jenkintown Divorce Lawyer Can Help You Navigate Your Divorce

If you’re considering a divorce, then let us help. At Joanne Kleiner & Associates in Jenkintown, we can help you set up a divorce nesting plan or a split involving a complete separation. Call our office at (215) 886-1266 to set up an appointment.