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Jan 15

How to Change Custody in Pennsylvania

The Process of Altering or Amending a Child Custody Order

While divorces in Pennsylvania have been on a steady decline since the early 1990s, they still happen and can be tough on families. During the course of divorce proceedings, one of the most contentious areas involves child custody, and after the end of a marriage is finalized, child custody oftentimes remains a contentious issue between the former spouses. If you’ve found yourself in a dispute surrounding altering or amending an existing child custody order, you undoubtedly have an array of questions and concerns, so you need to understand some of the basics associated with changing an existing child custody order.

Legal Standard to Change a Child Custody Order

In the commonwealth of Pennsylvania, a specific standard is applied when it comes to altering or amending an existing child custody order. In Pennsylvania, what is known as the “best interests of the child” standard is utilized in a situation in which a change in child custody is at issue.

A change of custody is nearly always raised by one of the parents. People do have an interest in the custodial arrangements pertaining to their children. However, in the final analysis, the paramount consideration in Pennsylvania is whether altering an existing custodial arrangement will serve the best interests of the child.

When considering a requested change of custody in light of what is in the best interests of the child, a court considers the specific facts and circumstances that are unique to a particular case. The factors that the court will consider commonly include the:

  • Physical, psychological and emotional health of the parents
  • Physical, psychological and emotional health of the child
  • Living situation of the parents
  • Historic and current involvement of each parent in the life of the child

The court will also look at how long the existing custody order has been in place as well as the underlying reasons why the request for the change was made. For example, a noncustodial parent might seek a change of custody in a situation in which the custodial parent begins to suffer severe health problems that directly impact his or her ability to provide primary care for his or her child.

Material Change of Circumstances

In Pennsylvania, maintaining a stable environment for children following divorce is a primary consideration. As a result, a custodial arrangement will not be changed willy-nilly. Rather, the underlying reason for a change of custody needs to be significant. The significance of the reasons underpinning the desire to alter custody must rise to the level of a material change of circumstances. Stated another way, the best interests of the child can only be satisfied if custody is changed.

Agreement to Change Custody

In some situations, parents agree to change an existing custody arrangement. It is preferable for parents to be able to resolve issues between themselves without the need for further litigation. Nonetheless, even when both parents agree to a change to the original custody agreement, that alteration must be in the best interests of the child. A judge must approve the proposed custody change and then issue a new custody order. A judge nearly always approves an agreed-upon change in custody unless the proposal clearly does not serve the best interests of the child.

Protect Your Legal Interests in a Child Custody Case With a Jenkintown Divorce Lawyer

Not only is a child custody case emotionally charged, but it can also be legally complex. Thus, if you are dealing with child custody issues after a divorce, you are wise to seek the advice and assistance of a skilled, experienced Jenkintown divorce lawyer, like a member of the tenacious legal team at the Law Office of Joanne Kleiner. Schedule an initial consultation with a child custody lawyer by calling our firm in Jenkintown at (215) 886-1266. Bear in mind that one of the best ways you can protect your interests is by seeking legal counsel whether you want a change of custody or are attempting to prevent an alteration in a custodial arrangement.

Dec 14, 2019

The Difference Between Contested and Uncontested Divorce in PA

Uncontested and Contested Divorce in Pennsylvania

According to the Pennsylvania Department of Health statistics, nearly 34,000 Keystone State residents ended their marriages in 2018 either through divorce or annulment. Deciding to divorce is never easy, but the counsel and support of an experienced Pennsylvania divorce lawyer can make the marriage dissolution process much less stressful. Depending on the circumstances, spouses may have an uncontested or a contested divorce.

Choosing the Right Legal Divorce Process

Technically, a divorce is a kind of lawsuit in which one party is deemed the plaintiff and the other, the defendant. Though most Pennsylvania divorces are not tried in a court, divorce petitions are processed through the court system, and a judge will ultimately sign the divorce decree.

In Pennsylvania, two divorce options are available. In a contested divorce, the court is called upon to rule on the various issues involved in dissolving the marriage. These issues include:

  • Child custody disputes
  • Child and spousal support payments
  • The division of marital assets

In an uncontested divorce, both spouses can agree about the various issues that have arisen during the separation process. In Pennsylvania, an uncontested divorce is often referred to either as a “no-fault divorce” or as a “mutual consent divorce.”

The requirements for these two classifications of divorce are stipulated under Title 23, Section 3301 of the Pennsylvania Consolidated Statutes.

Uncontested Divorces in Pennsylvania

Most Keystone State couples that dissolve their marriages opt for uncontested divorces. For the most part, these types of divorces are far less stressful and less time-consuming. Typically, a mutual consent divorce will only take 15 or 16 months to complete. On the other hand, a contested divorce can take longer than two years.

To obtain an uncontested divorce in the Keystone State, you must meet Pennsylvania’s residency requirements. Either you or your spouse must have lived in Pennsylvania for six months or longer before you can file for divorce.

Additionally, you and your spouse must be separated for a year before you can file for the divorce. You’ll need to provide the court with the date you separated. Most often, this will be the date that one spouse moved out of the marital home. However, in situations where spouses are not living together but are continuing to have sexual relations, the court may not view the date that a spouse moved out as a legitimate separation date.

In some situations, couples that are sharing the same address can still be considered separated. This may be the case when that couple sleeps in separate bedrooms, does not engage in sexual relations and does not share meals together.

Once residency and separation prerequisites are fulfilled, three more requirements must be met to file for a mutual consent divorce decree. They are as follows:

  • The marriage must be irretrievably broken.
  • Both spouses must agree that they want to end the marriage.
  • Both spouses must be willing to sign an affidavit consenting to divorce.

Contested Divorces in Pennsylvania

What happens when one or both spouses refuse to sign an affidavit consenting to divorce? The court will become involved in these contested divorces, and new stipulations will apply. Keep in mind that even if the spouse who’s balking previously promised to sign the divorce papers, the court will never order him or her to do so.

In such cases, the necessary period of separation is 24 months. This may also become a point of contention since Pennsylvania will still require you to file a form that verifies the date of separation, and your spouse will have 40 days to respond. If he or she contests the date, your divorce may take longer than two years to process.

Even in cases when a divorce is uncontested, a Pennsylvania divorce lawyer can be a valuable resource in helping a partner meet the legal requirements necessary for the dissolution of a marriage. The Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, can help keep you focused on the bigger picture and the issues that matter most during trying times. Call us today at (215) 886-1266 to arrange a confidential consultation.

Dec 11

Handling the Holidays While Getting Divorced

Managing Divorce and the Holidays at the Same Time

Roughly 41% of all first marriages will end in divorce, and that percentage is even higher if it is a second or third marriage. While divorce may be relatively common, it doesn’t mean that it is an easy process to go through. It can be even harder if you are trying to get divorced during the months of November or December.

The Holidays Are About Tradition

One of the hardest parts about ending a marriage just before Thanksgiving or Christmas is missing out on the experiences that you once happily shared with another person. You may regret not being able to cook a turkey for your spouse and kids on Thanksgiving or open Christmas presents at your in-law’s house.

One way to overcome the loss of old traditions is to start new ones. For example, you may want to celebrate Thanksgiving with your kids the day before or after the holiday is officially observed. Instead of opening presents with extended family members, make a nice breakfast for your kids on Christmas morning.

You May Spend Time Apart From Your Kids

It can be extremely difficult for a parent to spend time away from his or her children during the holiday season. However, it is important to remember that your kids will want to spend time with as many different people as possible. Therefore, it is likely that you will be able to spend a few hours with them.

It is critical that you encourage your child to interact with your former spouse as much as possible. This prevents a child from feeling forced to choose one person over the other, and it makes it easier for your son or daughter to create memories that will be cherished forever. When you aren’t with your child, it may be possible to keep yourself in good spirits by baking cookies, listening to Christmas songs or simply taking a hot bath.

The Weather Can Make Everything Feel Worse

November and December are among the darkest and coldest of the 12 months. A lack of sunlight can cause a person to become depressed, anxious and tired regardless of whether he or she sleeps at night. Therefore, you could be more likely to be in a precarious state of mind even if everything was perfect in your relationship.

It may be in your best interest to speak with a therapist or take other steps to overcome any health issues caused by a cold or dark environment. For instance, you may want to consider adding artificial ultraviolet lighting in your bedroom or home. A portable light could help you be more productive at work or help brighten your mood while away from home. Our Jenkintown divorce lawyer may be able to offer other suggestions to help you through this difficult time in your life.

Try to Avoid Contact With Your Former Spouse

Looking at pictures of your former spouse online can be an easy way to become frustrated or upset. You should also refrain from calling or texting your ex unless your children are the subject. It is important to remember that everyone moves on from the end of a relationship in different ways. Therefore, the fact that the person who used to be your husband or wife may be with someone new doesn’t mean that he or she is over you.

It is also important to note that anything that you say or do could be used against you in a divorce hearing. The same is true in a child custody or support hearing. Therefore, you should keep your comments to yourself until the case is over. If you have to tell someone what you found online, it may be best to consult with our Jenkintown divorce lawyer. She may be able to use it as evidence in court.

If you are looking for help with your divorce case, contact the Law Office of Joanne Kleiner in Jenkintown today. You can reach our office by calling (215) 886-1266 or sending a fax to (215) 886-2670.

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.