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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.

Oct 24

Distance Learning and Co-Parenting During COVID-19

How Remote Learning Can Impact Co-Parenting

Over 7.8 million people in the United States have contracted COVID-19 as of mid-October 2020, grinding much of normal life to a halt. Though children have largely resumed school remotely, this change has presented many challenges to co-parents. Discussing these challenges is a must for those who want to successfully navigate the crisis.

Basic Disruptions

Some of the most common distance learning disruptions for co-parents are among the most obvious. These are the issues that are going to wreak havoc with the careful balancing that is necessary for co-parenting, and they will generally have to be solved through the efforts of each parent. Such disruptions include the children no longer taking the bus to and from a parent’s home, children not being able to see the usual babysitters because of social distancing requirements, or even difficulties that come from having to use technology that is unfamiliar to one or both of the parents.

The truth is that education is rarely an easy topic for co-parents, even when they are on the same page, so there will have to be changes made to daily life that won’t necessarily impact the existing parenting plan. It may be necessary for one or both parents to reach out to one another (or a divorce lawyer) to discuss new solutions or make adjustments that could have a minor impact on the plans that have already been put in place during prior discussions.

Responsibilities and Rights

More pressing are those disruptions that are going to impact the responsibilities and rights of the parents as put forth in a parenting agreement. Distance learning is going to put a significant amount of stress on all parties involved because it is going to require an entirely new type of parental decision-making to succeed. Parents will be forced to make educational decisions every day that simply might not be covered in the plans that were put in place when custody was first decided.

One of the biggest decisions that will have to be made will occur when, and if, school districts open. If parents are given a choice to send their kids back or keep them at home, it’s not always necessarily clear how individuals who share joint physical and legal custody will make that decision. Parents won’t be able to split the decision in this case, and even if they could, doing so would be ineffective. The basic right to decide where your child goes to school may well be disrupted by this pandemic.

Ability and Presence

Distance learning will also bring with it a major parenting change due to the amount of time the impacted children will be at home. If your child is a distance learner, he or she will need someplace to do schoolwork and study. Co-parents must now decide if they have living situations that are conducive to this kind of education and what’s going to happen if either parent goes back to working in person while the children are still going to school online.

A parent who typically has custody on the weekends, for example, may not necessarily be too impacted. Parents who tend to switch custody weekly or by the semester, on the other hand, are going to have to figure out whether their children can adequately learn as they switch back and forth. School does tend to give a certain sense of stability to children who move between homes, and the lack of stability is going to have an impact on the entire family. Without a clear plan in place, this can quickly become chaotic and disruptive to the lives of all who are involved.

Quarantine and Custody Challenges

Who gets custody during a quarantine? What happens if a child is forced to social distance because of an impacted family member and cannot travel to the other parent’s house? These are important questions that don’t have easy answers. Although people need to follow the laws surrounding public safety and use common sense, there’s no doubt that parents are going to see their custody dates disrupted anytime a child is forced to isolate for two weeks. Given that these aren’t just questions of custody but of safety, one must expect the discussions here to be quite serious. Unfortunately, there are unlikely to be any easy answers.

Distance learning is going to cause problems for most co-parents even if they are small ones. Anything relating to the COVID-19 pandemic will eventually lead to a reevaluation of plans, and custody arrangements are no exception. If you need help with custody arrangements or other family matters, make sure to contact the Law Office of Joanne Kleiner to consult a divorce lawyer in Jenkintown, Pennsylvania, either by phone at (215) 886-1266 or email via our contact page.

Oct 20

Don’t Rush Into a COVID-19 Divorce

Ready to Divorce After Quarantining? Consider These Three Things First

When U.S. cities and states began implementing COVID-19 quarantines in March, many relationship analysts predicted that marriages would suffer under the strain. Now it appears that gloomy forecast could be coming true. A recent online survey found that 31% of couples believe the quarantine caused irreparable harm to their relationship.

It’s No Surprise Divorce Rates Are Up

Family law attorneys and marriage counselors say it’s easy to understand why the quarantine was hard on relationships. The hustle and bustle of everyday life made it easy for some couples to ignore relationship warning signs. However, once they were forced to spend weeks or months in a confined space together, they could no longer escape their relationship problems. Add stresses like financial worries, unemployment fears, boredom and health anxieties to the mix, and many couples were pushed to the breaking point. Internet statistics show that divorce-related web searches spiked during the lockdown period, and divorce attorneys across the country are reporting an uptick in divorce inquiries compared to previous years.

If your marriage suffered during the pandemic, you may be ready to call it quits. However, there are three important things you should consider before making your divorce legal.

1. Is This Is Really the End?

Divorce can be a long, disruptive and expensive event. If there is any chance that you can reconcile with your partner and work toward a happy marriage, you may benefit from doing so. Marriage counseling could help you and your spouse resolve conflicts and get your relationship back on track. Many therapists offer virtual sessions, which is ideal for couples who are still in quarantine or want to maintain social distancing. However, not all marriages can be saved. If you believe your relationship is beyond repair, it’s better to end things and move on. You can start the process by contacting a Pennsylvania divorce lawyer and scheduling a consultation.

2. Understand That Your Life Will Change

Once you decide to divorce, you need to understand that your life will never be the same. The end of a marriage marks the beginning of a new life. Some of the changes will be good, but some could be unexpected and painful. For example, you may feel relieved when your partner moves out of the family home, but you might also find it difficult to maintain the property on your own. Meanwhile, you may love the peace and quiet that comes with separation, but you might struggle with your new identity as a single person or find that you lose friends over the split. Divorce causes many conflicting emotions and unforeseen social changes, and you need to be prepared for all the ways it could impact your life. A divorce lawyer might be able to help you identify some of these changes and make sure they are addressed during settlement negotiations.

3. Get Your Finances in Order

Even in the best of times, divorce is expensive. However, the COVID-19 pandemic could add an extra layer of financial risk. The threat of unemployment, rising health care costs and depleted retirement accounts could make it difficult to fairly divide assets. Because of this, it is essential that you fully understand your financial situation, including your income, assets and liabilities, before you enter divorce negotiations.

You need to create a realistic post-divorce budget and determine how you will pay for it on a single income. It might be necessary to change jobs, move into a smaller home, reduce discretionary spending or sell assets to stay within your means. Whatever the situation, having a clear financial picture will make it easier for you to negotiate a fair divorce settlement. It will also help you set realistic expectations for your post-divorce life.

The Law Office of Joanne Kleiner could help you navigate your divorce during the COVID-19 pandemic and offer essential advice on asset division, child custody, child support, spousal support and other important divorce legal issues. To set up a consultation, please contact us through our website or call our Jenkintown office at (215) 886-1266.

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.