Joanne Kleiner & Associates

Visit Our Blog

Feb 21

Common Mistakes That Can Occur During the Divorce Process

Mistakes That Are Commonly Made During a Divorce

If a divorce is contested or the particulars take a long time to finalize, the process can be a lengthy one; during this stressful time, a large number of mistakes can be made by either spouse. Each year, approximately 800,000 divorces occur across this country. While some of these divorces are finalized without issue, others go through turbulent events that are oftentimes caused by simple mistakes that could have been easily avoided.

Not Focusing on the Details of the Divorce

Many spouses who are going through a divorce try to disengage from the process as much as possible, which can create numerous problems. Any negotiations between the two spouses or arguments brought into court will need to be supported by myriad facts and documents from the marriage. Solely because he or she wants to get through the divorce quickly and without any additional distractions, there are times when a spouse may sign a divorce settlement without reading all the details. Of course, this is unwise. The agreement just signed might not be as it was described, and it may not be fair or equitable. Regardless of how anxious or weary you become, remember that focusing on the specifics is important.

This can also be an issue after the divorce has been finalized and child support payments are being made. If the right details about child care expenses aren’t recorded, the payments may end up being lower than they ought to be.

Making a Settlement That Doesn’t Take Future Events Into Account

When they are obtaining a divorce, many individuals focus on making a settlement agreement with their spouse that only takes the status quo into account, which means that the equitable split is made based solely on the current valuation of the marital assets. However, all sorts of future events could alter a person’s ability to live as she or he did before the occurrence. Some of the unfortunate possibilities that could take place following a divorce include:

  • A physical disability
  • A loss of a long-term job
  • A substantial depreciation of assets
  • Significant health problems in a child

Here’s an example. Suppose a perfectly reasonable agreement was made for paying future college expenses for a child, and it was based on a 50/50 split between the spouses. However, one spouse later loses his or her job and is only able to find work that provides a much lower salary. In this altered scenario, the original agreement may no longer be fair. A divorce lawyer can help design a settlement agreement with future contingencies in mind.

Progressing Through the Divorce Too Quickly

It’s common for spouses who are seeking a divorce to attempt to get through the proceedings as fast as possible. However, trying to rush this process can cause costly errors that lead to serious issues later on. When attempting to get through a divorce without unnecessary hurdles or roadblocks, various sound strategies can expedite the process. These solutions include arriving at a complete settlement agreement with the help of a mediator or an attorney and creating a parenting plan before going to court.

How Our Attorneys Can Help You During Your Divorce

The divorce process can be a difficult one to navigate without an attorney by your side. At Joanne Kleiner & Associates, a divorce lawyer can assist you by taking care of every detail of the proceeding from the initial filing to arguing your case in court if necessary. If you’re trying to come to an agreement with your spouse about how property is divided or what the parenting responsibilities should be, we can help you with these decisions. This should relieve you of some of the stress that invariably occurs during a divorce. If you find that you are having difficulties understanding what the divorce process entails, call our office in Jenkintown today at (215) 886-1266 to obtain the assistance you require.

Jan 18

Common Reasons for Child Support Modification Orders

Why a Judge Would Modify a Child Support Order

On average, a noncustodial parent pays $430 per month in child support, but this amount could be higher or lower. It would depend on various factors such as your income, the number of children you have or whether a child has special needs. If your financial situation changes, it’s also possible that your payment could increase or decrease.

A Modification Could Occur If a Parent’s Employment Status Changes

Losing your job could be grounds for having a child support order modified. This may be true regardless of whether you are the custodial or noncustodial parent. In such an event, a judge might look to see whether you have any other assets that could be liquidated in an effort to make payments as currently ordered.

Conversely, if you were to see an increase in your pay, it may be possible that your child support obligation would be increased. If the other parent got a new job that came with a higher salary, he or she could be asked to accept more of the financial burden of raising a child. In that case, your payment could be decreased.

Unexpected Medical Expenses Could Result in a Modification

If you were to become ill, it could mean thousands of dollars or more in out-of-pocket medical expenses you didn’t budget for. That cost could have a negative impact on your ability to provide for your child. While you should still make an effort to provide to the best of your ability, a judge may nevertheless agree to modify an existing child support order due to your circumstances.

 

A child support attorney may be able to further explain how medical bills could impact an existing order. In the event that your child becomes ill or has medical needs that must be paid for, you could be asked to contribute more money each month until those needs subside.

Child Support Can Be Modified If Parental Roles Change

In the event that you start spending more time with your child, it may be possible to ask to pay less in child support. This is because the state generally recognizes that housing and feeding a child and otherwise meeting immediate needs are valid forms of support.

Of course, there is no guarantee that this will be true in your given case. As with any other matter pertaining to child custody and support, the best interests of the child are the primary concern. Therefore, if a child needs the additional financial support, he or she will be allowed access to it.

If the Other Parent Receives a Financial Windfall

In addition to getting a job with a higher salary, there are other ways in which the child’s other parent could see a positive change in financial circumstances. For example, he or she could receive an inheritance from a parent or win the lottery. This could mean that you will be granted the opportunity to pay less in child support each month. In some cases, a personal injury award could also have an impact on child support payments, and your family law attorney can help answer any questions you have on that topic.

Alterations When the Child Is About to Turn 18

Assuming that a child does not have any special needs, your obligation to pay child support generally ends when your son or daughter turns 18. In Pennsylvania, you typically have to request that a support obligation be terminated at least six months prior to this taking place. You should be aware that you may be obligated to help pay for college tuition or other costs in certain cases even after a child reaches the age of majority.

If you need a child support attorney to help with your case, contact the Law Office of Joanne Kleiner today. This can be done by calling our office in Jenkintown at 215-886-1266. You can also send a fax to 215-886-2670.

Jan 15

What to Know About Alimony in 2019 and Beyond

How Alimony Will Change in 2019

When alimony is involved, separating partners spend an average of $17,700 to settle their divorces. This is a sizable amount of money that can help keep one spouse afloat while putting a significant dent in the checkbook of the other. However, it’s important to know that there are many tax-related factors to consider beyond alimony payments when creating a divorce settlement.

How Does the Tax Change Impact Alimony Payments?

Starting on the first day of 2019, recipients won’t be able to declare alimony payments as income on a tax return. While this means that you don’t have to pay tax on the money, you also don’t get to use it to contribute to an IRA. Furthermore, it can’t be used as qualifying income for a loan or line of credit. If you’re the person paying alimony, it no longer qualifies as a tax deduction. Therefore, you may be less inclined to make as large of a payment because there is no benefit in lowering your overall tax burden.

There Is No Change for Those Who Divorced Before 2019

It’s important to note that if you divorced before the start of 2019, you’ll consider alimony received as taxable income. If you make alimony payments, you’ll still get to take a tax deduction for making them. If you have a prenuptial agreement that was created before 2019, it may be possible to use the old rules when accounting for spousal support. However, be sure to consult an attorney prior to determining how these or other exceptions may apply in your case.

 

How Could Tax Changes Influence Other Parts of Your Settlement?

Your attorney will likely point out that changes to the tax law related to alimony won’t necessarily prevent you from getting a positive settlement. Instead, it means that it will be necessary to craft a new strategy to obtain the financial resources needed. For instance, you could ask for a greater portion of a marital asset such as money inside of a retirement account. You could also ask for a greater share of the proceeds from selling a home or other valuable assets.

Don’t Forget About Tax Credits Available

Even if you receive less in alimony than you would have by finalizing a divorce in 2018, other changes to the tax code could help make up for that loss. For instance, the child tax credit could result in up to $2,000 per qualifying child going to your bank account. Since a credit reduces your tax liability for each dollar the credit is worth, you could obtain a refund if it results in a negative tax balance.

Other credits or deductions may be available for parents who claim head of household status. Head of household is generally available if you contribute more than 50 percent of the cost of running a home that a child occupies more than 50 percent of the year.

Compromise Is Key When Crafting a Divorce Settlement

It is important to know what you need, what you want and what you can live without when it comes to negotiating a divorce settlement. This can work to keep your divorce costs to a minimum. Furthermore, it can keep relationships strong between ex-spouses who may work together or have kids.

Your divorce attorney may be able to help when it comes to creating a list of priorities prior to the start of settlement talks. Recipients should know that alimony is partially based on your ability to pay or your ability to provide for yourself on a single income. Therefore, it is important to structure alimony payments in a manner that both sides can be content with.

If you need assistance negotiating a divorce settlement involving spousal support, get in touch with the Law Office of Joanne Kleiner today. This can be done by calling our Jenkintown, PA, office at (215) 886-1266 or by sending a fax to (215) 886-2670.

Dec 17

The Determination of Primary Caregiver

How a Parent Can Be Designated As a Primary Caregiver

One of the primary components of child support is determining who is the primary caregiver for the child, which plays a part in who receives the child support payments. In 2014, around 82 percent of primary caregivers were mothers, with only 18 percent being fathers. When you are going through a divorce or separation and need to know more about child support, one of our child support lawyers can help answer your questions.

The Importance of a Primary Caregiver in Child Support Cases

In almost all cases, the primary caregiver of the child will receive child support payments from the other parent. While determining the identity of the primary caregiver plays a large role in child custody cases, it’s also important with child support. The parent who gains custody of the child will be considered to be the child’s primary caregiver, which means that the other parent is going to need to make child support payments.

The parent who becomes the child’s primary caregiver is usually the one who can display to the courts that he or she was the main caregiver for the child during the marriage. Along with being able to support the child financially, the primary caregiver will also need to have an emotional bond with the child. In the event that both parents share custody equally with no one being labeled as a primary caregiver, child support payments may still need to be paid and are determined by which individual brings in the most income.

How the Role of Primary Caregiver Is Determined

When the courts are attempting to identify which of the parents should be the primary caregiver for the child, their primary focus is on how the individuals have divided the main responsibilities that they have as parents. These responsibilities include tasks like:

  • The planning and preparation of meals
  • General health care plans
  • Grooming, dressing, and bathing
  • Attending parent-teacher conferences as well as open houses at school
  • Partaking in fun activities with the child
  • Helping the child with his or her homework while also teaching him or her skills like reading and writing
  • Taking care of laundry and purchasing any necessary clothes

The parent who performs the majority of these tasks will likely be named as the primary caregiver of the child in question. While other factors may come into play, the person who spends the most time with the child and is able to support him or her financially has the largest chance of being designated as the primary caregiver.

Making Decisions Based on the Child’s Best Interests

If the courts are provided with comprehensive information that details how the parental responsibilities are divided between both people but can’t come to a decision about which one should be the primary caregiver, it’s possible that this decision will be made by the courts based on the child’s best interests, which can determine who will be making child support payments. If the parental responsibilities are divided evenly among each person, there are many factors that will be considered when looking at what is in the child’s best interest. These factors include:

  • The child’s age
  • The child’s opinion (if appropriate)
  • The mental and physical health of the parents
  • Any evidence of drug abuse, emotional abuse, or excessive amounts of discipline by the parent
  • How the parent interacts with other members within the household
  • Which parent would allow for the continuation of a steady home environment

When one parent has been named as the primary caregiver of the child, the other person will need to start making child support payments on a monthly basis. Consider contacting our child support lawyer if you’re wondering about how these payments are calculated.

If you still have questions about whether you will be able to become your child’s primary caregiver, contact one of our Jenkintown child support lawyers at (215) 886-1266 to have a more detailed conversation about your case.

Dec 14

Fault and No-Fault Divorce in Pennsylvania

Understanding Types of Divorce in Pennsylvania

When married couples decide to separate in Pennsylvania, there are several different grounds for divorce they could consider. While more people used to file suits for divorce against their spouses, it’s now more common to opt for a no-fault divorce or a divorce by agreement. Since there are many different reasons for choosing a specific type of divorce, it’s important for a soon-to-be ex to partner with a divorce lawyer.

Fault and No-Fault Pennsylvania Divorce

The broadest types of divorce available in the commonwealth are fault and no-fault divorces. Each type of divorce available in Pennsylvania is processed differently, depending on the grounds for the separation. A Pennsylvania family law attorney can explain each option based on your unique situation and make recommendations about which grounds may be most appropriate for your case. The main differences are as follows:

  • In a divorce based on fault, one spouse sues the other for divorce and must prove the grounds claimed as the cause of the action in court.
  • In a no-fault divorce, one or both spouses may file the divorce action, but the case is not based on specific grounds.

Understanding Fault Divorce Options

Pennsylvania’s divorce code allows for divorce on the basis of certain grounds and generally recognized problems for which one spouse bears the burden of responsibility. These are the oldest types of divorce available in the laws of the commonwealth and have been adopted from classic English common law. Modern grounds for a fault divorce are available to either spouse in a marriage regardless of gender. The six grounds for a fault divorce in Pennsylvania are the following:

 

 

  • Willful and malicious desertion: Under these grounds, one spouse has left the other for at least one year.
  • Adultery: In this case, one spouse cheated on the other.
  • Cruel and barbarous treatment: This refers to one spouse endangering the other’s life or other types of serious abuse.
  • Bigamy: Under this ground for divorce, one spouse was already married when he or she married the other.
  • Imprisonment: This ground applies when one spouse has been sentenced to a prison term of at least two years.
  • Indignities: This ground for divorce usually refers to emotional, verbal or other types of nonphysical abusive behavior.

When only one party wants to get a divorce, he or she can sue for divorce on the basis of one or more of these grounds. The spouse seeking the divorce will need to be able to prove it in court, so it is important to save evidence. Evidence can include electronic proof of an affair or testimony about abuse from bystanders. However, the other spouse can attempt to challenge this evidence and work to have the divorce denied on that basis.

Pennsylvania No-Fault Divorce Options

Before the advent of no-fault divorce, even couples who mutually agreed to separate found themselves pursuing fault claims in order to end an unhappy marriage. However, the commonwealth’s law now allows people to pursue a divorce without showing that the other party is at fault. There are two major types of no-fault divorce, and both are based on the grounds that the relationship is “irretrievably broken.” However, it does not lay responsibility for that with one spouse over the other. The types of no-fault divorce are:

  • Mutual consent divorce: Under this category, both spouses file statements with the court agreeing for the divorce. There is a 90-day waiting period after filing before a mutual consent divorce is finalized.
  • Irretrievable breakdown divorce: This type of divorce is still a no-fault divorce, but one spouse files for divorce. If the other does not deny the case, it will move forward. However, if the other spouse does deny that the marriage is “irretrievably broken,” the spouse seeking the divorce will need to show that the couple has been separated for at least one year. This does not mean just physical separation but an awareness that the relationship has come to an end.

People considering divorce in Pennsylvania have several options to help them pursue a new, independent future. A divorce lawyer can provide advice, representation and guidance to help a client protect assets and reach an agreement on key matters including property division and spousal support. Call the offices of Joanne Kleiner & Associates at (215) 886-1266 in Jenkintown to set up a consultation.