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Nov 19

Child Support Helps Provide for Children After Divorce

Work Child Support Into Your Divorce

Pennsylvania’s divorce rate is the 11th lowest in the nation. There are a lot of factors that must be considered during a divorce; if you have children, their care must also be examined and decided between the two parents. Along with the time spent with each parent, divorce proceedings frequently include child support orders.

The Purpose of Child Support

Child support is often ordered by the court when one parent has the majority of time with the child or children to help offset expenses associated with raising the child. Generally, both parents are expected to contribute equally to raising a child. When one parent is given significantly more time than the other, child support helps ensure that this contribution stays as equal as possible. This is why the parent with majority time is given child support by the other parent; the other parent doesn’t have the child as much but should still maintain equal responsibility for the child.

Child support is intended to be used to provide care for the child, including medical expenses, after-school care, day care, clothing, food, and other needs that must be met. Child support is usually paid directly from one parent to another. However, it may also go through a state agency, if necessary.

Considerations in Calculating Child Support

Child support is not just about how much money one or both parents earn. While the income of each parent is a consideration, there are other factors taken into consideration when calculating child support as well. These factors include:

  • Number and ages of children
  • Medical expenses, especially if a child has special needs
  • Standard of living
  • Assets and liabilities of parents
  • Additional household income

Depending on the circumstances of the case, the child’s health insurance may be ordered separately from child support to be paid by either or both parents, or it may be included as part of the child support calculations. The court will also take the child’s best interests into consideration. While child support is meant to offset expenses for one parent, the goal is to help ensure that the child has a healthy, safe and comfortable environment. The money received in child support is intended to be spent on the care of the child.

Altering Child Support

While there are state calculations used to determine child support, these calculations are based on financial and other factors at the time the child support is awarded or ordered. However, changes can occur in parents’ lives that would prompt a parent to ask about altering child support as it is ordered. This is especially important if you have been ordered to pay child support and have been struggling to make your monthly payments each month.

In order for the child support order to be altered, either parent must demonstrate a substantial and material change in circumstances, such as a job change relocation or a new baby in the family. While family courts understand that circumstances change, child support cannot be altered frequently or without a good reason. This is why it’s recommended that, if you think you need an alteration to your child support order, you should speak with a qualified child support lawyer. An attorney can help you determine whether a child support alteration is warranted and how to go about it properly.

Child support is not a way for one parent to just get money from the other parent. Instead, it is meant to help provide for the care of the child after divorce by offsetting expenses that come with the majority time with the child. However, child support orders can be altered if circumstances change. A qualified child support lawyer can best determine if your child support orders can be altered.

If you have a child support order that needs to be altered or you have questions about your child support, please contact Joanne Kleiner & Associates in Jenkintown at (215) 886-1266 and speak to a professional child support lawyer.

Nov 16

Calculating Child Support in Pennsylvania

Factors That Influence Child Support Obligations in Pennsylvania

According to a 2017 study by the USDA, the average cost of raising a child from birth to age 17 is $233,610. When you and your spouse divorce, the court will issue a child support order to make certain that any children from your marriage receive the financial support they need to thrive. An experienced child support attorney can help you through the process, making certain that the child support order is fair to both parties.

The Basic Amount

The court determines the base level of child support by looking at your net income and your spouse’s. For calculation purposes, the two incomes are combined. Then, the court calculates the percentage of income each person contributes. Those percentages are matched to the Basic Child Support Obligation Guidelines found in the Pennsylvania state code. If you are looking at a situation with one spouse having full custody of a single child, this may be the only necessary calculation. In other situations, several factors will come into play.

Number of Children

If there is more than one child covered by the child support order, the calculation formula will be different. Simply put, it costs more money to raise more children. In Pennsylvania, child support payments end when a child turns 18 or graduates from high school, whichever takes place last. Eventually, children will age out of child support, reducing the amount paid.

Custody

Typically, child support is awarded to the spouse with primary custody since that person bears the brunt of the child-raising expenses. Partial custody arrangements can change the child support order. If a child spends more than 40% of his or her time with a parent, that parent will receive a reduction in payments. If the parents decide on a joint custody arrangement, the parent with the higher income will pay support to the other parent at a reduced rate.

Alimony

If you are paying alimony to your spouse, this will factor into the child support calculation. Alimony payments are considered income for the spouse who receives them. The extra money changes the percentage in the net income calculation. If the spouse who pays alimony also pays child support, it will reduce the amount of child support. The person who has primary custody of the children will always be the one getting child support, even if he or she has a higher income. If the custodial parent has a higher income, he or she might pay alimony while at the same time receiving child support.

Additional Expenses and Special Circumstances

Every child is different, and every parenting plan is unique. The expenses that are common to most children are assumed to be covered by the child support agreement. These days, many children participate in sports, music and other hobbies. The custodial parent is expected to pay for enrollment fees and equipment. However, if a child participates in an expensive dance training program or enrolls in a private school, the tuition may be part of the child support order. In most cases, it is expected that the custodial parent will work to maintain his or her income. However, the cost of regular child care can create a financial burden. The need for child care will increase the amount of child support.

Getting on the Same Page

Many things can change during the time it takes to raise a child. You or your spouse may have a dramatic change in income for good or for bad. Your child may have the opportunity to go to an elite high school or need special instruction. The custody plan for children might change if your job requires you to move. The child support order that was put into place when your children were young may no longer be equitable. If you’re dealing with any of these issues, a consultation with a child support attorney can help you bring things back into balance. Contact Joanne Kleiner & Associates in Jenkintown by calling (215) 886-1266. We can help you deal with child support issues in Pennsylvania.

Oct 15

How to Get a Divorce Quickly

Ways to Quickly Finalize a Divorce

Getting a divorce can be an emotionally trying time for both parties involved as the marriage comes to an end. The risk of divorce is between 42-45%, which means almost half of all married couples have to endure the process. If you want to move on with your life and get a divorce quickly, there are a few critical steps to take.

Put Everything in Writing

All agreements need to be put into writing to ensure that no one changes his or her mind or goes back on his or her word whether it involves dividing assets or child custody. Creating a written agreement can prevent delays and complications even if you’re getting along with one another. It’s also necessary to collect specific documents to finalize the divorce. You’ll need to obtain your children’s birth certificates, your marriage certificate, the prenup agreement if there is one, your mortgage papers, portfolios and joint bank accounts. By staying organized, you can save extra time and avoid additional conflict.

Consider a Collaborative Law Divorce

Collaborative law divorce is one of the types of divorces available and can allow you to reach agreements outside of court. Not only could it make the process smoother and quicker, but it could also save you money. Similar to mediation, it involves a third party and includes negotiations to finalize the divorce. You won’t have to worry about the decisions that are made being imposed by the court. It can take place in an informal setting and include an honest exchange of information. Each person will need to hire his or her own attorney. Communicate to the legal representative what you want, but keep in mind that you’ll still need to compromise and remain flexible during the negotiation process. A licensed mediator may also need to be used if it becomes difficult to reach agreements. The process of a collaborative law divorce also includes meeting with other professionals, like child therapists and financial advisors, to receive additional information for your situation.

Remain Honest

Many people are prone to bending the truth while getting a divorce as a way to protect themselves. Unfortunately, a lack of transparency can be detrimental to your case if you fail to remain honest with your ex and his or her lawyer. You’ll need to completely disclose all your financial information and avoid moving money around or hiding it. If you’re caught lying, you can lose custody of your children and even some of the assets that are in the process of being divided.

Keep the Children in Mind

It can be easy to neglect kids while getting a divorce because many people focus on their own pain and trauma, which can lead to issues that lengthen the process of getting a divorce. Children can also experience the same effects, which makes it necessary to keep them in mind with each decision that is made when you’re separating from your spouse. Their well-being should be the top priority when working out the details of the child custody arrangement or dividing assets. It’s also important to avoid complaining about your spouse, which can negatively affect your kids and how they view the other parent. Consider investing in a therapist for both you and your children to ensure you can heal and move on quickly.

Make Communication a Priority

Although your marriage may have deteriorated, it doesn’t mean that you can’t engage in proper communication with your former spouse. Working together to complete the divorce can help avoid tension and conflict. Your spouse will be more willing to negotiate if he or she already has been communicating with you. Reaching an agreement on some of the main aspects of the divorce can allow it to be finalized more quickly.

Contact the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to find out more about how you can get divorced quickly. With the help of a family attorney, you can learn more about your rights and have the assistance of a legal professional who can help you navigate the process.

Sep 13

What to Do When Mediation Doesn’t Work

What Happens When Mediation Fails?

Research indicates that people are more likely to have a satisfactory outcome with their divorce when they use mediation instead of the courts, but this does not mean that mediation is the best choice for every couple. Knowing what to expect if your mediation fails can help you feel a lot more comfortable with the entire process.

How to Decide If Mediation Has Failed

When mediation does not go as smoothly as possible, your first instinct might be to decide it has failed and move on. However, it is important to take a breath and remember that it is still possible to use mediation even if you have had a disagreement or two. You may want to think twice about stopping mediation unless you notice one of these problems:

  • One person is constantly belittling or harassing the other.
  • Your mediation sessions go nowhere because you are sidetracked by arguments.
  • One party refuses to budge or compromise on any issues.
  • During sessions, one person never speaks or mentions their desires.
  • Belligerent tactics, like denying access to children or threatening to cut off funds, are being used.
  • One person repeatedly lies or fails to disclose important information.
  • Proceedings are being dragged out because one party does not want to divorce.

Considering Another Round of Mediation

Noticing problems in your current mediation session does not necessarily mean that you need to give up on mediation altogether. Sometimes, it is still possible to fix your mediation. You may want to consider starting fresh with another divorce mediation lawyer. Sometimes, no matter how talented an attorney is, his or her personality just might not be right for your situation. It can also be helpful to take a short break and get a more objective outlook on mediation. This can be a good solution when you and your ex really want the benefits of mediation but are just struggling to compromise and work with each other occasionally.

Trying the Collaborative Divorce Method

Mediation not working out does not necessarily mean you need to go straight to divorce court. Another useful option can be a collaborative divorce. Collaborative law shares some similarities with mediation since both procedures involve the two parties working together to find a mutually beneficial arrangement. However, instead of working with just one mediator, each party comes to the table with their own lawyer. This can be useful because you have someone to represent your interests and take your side in discussions. The collaborative divorce method also gets more input from other unbiased parties. You meet with professionals like child therapists and financial experts to discuss your situation and get more advice.

Moving on to a Divorce Trial

When there are things you simply cannot agree on, it might be time to take things to the courts. A judge can help find the best solution for any children and assist in dividing up assets in a fair and equitable way. Even when you do not agree on every part of the divorce, you can still file a no-fault divorce in Pennsylvania. This lets you have a shorter divorce time while still getting the court’s input on deciding important aspects of your divorce. Keep in mind that all your time in mediation was not wasted just because you are involving the court. It was still a valuable way of gathering information and learning more about you and your ex’s priorities and goals.

Find the Right Option for You With Joanne Kleiner

Whether or not mediation turns out to suit your situation, the Law Office of Joanne Kleiner is here to help. With over 25 years of experience, we have the knowledge and the dedication to try and get you the best possible outcome for your divorce. In addition to being a talented divorce mediation lawyer, Joanne Kleiner also assists with a variety of other family law cases. Call our office in Jenkintown at (215) 886-1266 or fill out our contact form to schedule a confidential consultation today.