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May 14

Divorcing a Spouse Living in a Different State

It’s not uncommon for divorcing spouses to want to get farther away from each other, sometimes even going so far as to move to different states. Divorcing while living in different states shouldn’t be a problem. However, certain rules must be followed in order for the marital dissolution to be valid.

State Jurisdiction

The first order of business is to look at what state the divorce has been filed in. If you and your spouse have been living together in the same state, filing requirements may be easier, but each state has its own requirements pertaining to residency. If one of the spouses has moved to another state before the divorce was filed, the requirements need to be looked at closely as some states may have a requirement that mandates that a person must have lived in the state for at least six months in order to file for divorce in that state. Other states may specify a different time frame. In fact, this is usually the case with most states. Some states may even require that a person live there for a year before becoming a resident.

Residency Requirements

The residency requirements must be met before filing for a divorce petition in that state. If the spouses are already living in different states, each state can have jurisdiction over the divorce and hear the case in a local court. Jurisdiction means that a state has authority over the divorce proceedings. Spouses do not have to return to the state they were married in and where the marriage license was actually issued. However, if the spouses live in different states, both states technically have jurisdiction over the divorce proceedings.

Who Files First?

Proceedings will take place in the state in which the divorce was filed. Each party may need to attend the court dates regardless of which state it is in or if he or she has already moved out of state. This being the case, it would benefit the spouse who files the divorce papers first as that means the divorce proceedings will take place in his or her state. Because travel arrangements can be expensive and time-consuming, it usually behooves the spouse who files first to make quick filing arrangements.

Help Where Needed

Working with a divorce lawyer is the best way to ensure that the divorce goes smoothly. If the spouses are still on mutually good terms, they may compromise on travel arrangements or other details. Also, if the couple is agreeing on most things without a battle ensuing, it could mean that the proceedings won’t have to take place inside the courtroom other than the judge approving a settlement agreement that the couple has negotiated or has reached after participating in mediation sessions.

Things a Couple May Agree On

  • Custody and visitation of minor children
  • Alimony
  • What to do with the family home
  • Who gets to keep the pet
  • The division of assets obtained during the marriage

The more things that the couple agrees on, the faster the proceedings will be, and future travel expenses could e avoided. Sometimes, the spouses live in different but neighboring states. In this case, it may be easier to participate in mediation sessions and attend court appearances.

A divorce lawyer can often play a leading role in the negotiation of a comprehensive settlement agreement. It’s also important to have an attorney that is fair, knowledgeable and able to provide assistance when needed. Feeling as if your lawyer understands what you’re going through is also preferable. Divorces are not an easy time for most people, and having a trusted advisor and attorney can help you feel more confident and relaxed.

If you’re looking for compassionate legal advice and assistance, call the Law Office of Joanne Kleiner at (215) 886-1266. We have over 25 years of experience in Pennsylvania family law, and our office is located in Jenkintown.

Apr 21

You May Claim Social Security Benefits Based on an Ex’s Work Record

Can I Receive Benefits From My Ex’s Work Record?

You can qualify for Social Security benefits based on your most recent ex-spouse’s work record if you meet a few specific qualifying criteria, and the Social Security Administration will only grant you payments on your ex’s earnings record if he or she qualifies for monthly benefits. Whether or not your former spouse is actively receiving benefits has no bearing on your qualifying for benefits under their record.

Eligibility Requirements

To be eligible to receive payouts under your ex-spouse’s income record, the marriage would have had to have lasted for at least 10 years. You would have been divorced for at least two years and had not remarried. Your ex-spouse would need to be a qualifying candidate that can receive Social Security retirement income or disability benefits. To be eligible for the benefits under your divorced spouse’s earned income, you must be at least 62 years of age.

How Are the Benefits Calculated?

The SSA calculates the higher of the two payments, either yours or your former spouse’s. It will issue checks to you based on one calculation, which means you will be getting the rate that pays you the most benefits. You will not be entitled to receive a double payment.

The most that you will be entitled to receive through your former spouse’s earnings record is 50 percent of what he or she would be entitled to at full retirement age, which is currently 67 years old. If the amount that you would receive based on your own record would be greater than that, then your payments would be based on your personal earnings history, and that of your former spouse’s would be ignored for this purpose. You can get the maximum amount available to you if you file for Social Security benefits when you reach full retirement age. It is important to bear in mind that if you end up getting paid based upon your former spouse’s earnings history, the amount that they are entitled to receive will not be affected in any fashion whatsoever.

If you claim earlier, the benefit amount gets reduced. The payouts can increase by 8 percent every year between age 67 and 70 years if you wait until age 70 to collect benefits. If you delay filing your Social Security payouts past age 70, however, your benefits will not increase further.

What Happens if You or Your Former Spouse Remarries?

If your ex-spouse remarries, your eligibility status for receiving benefits under their record is unaffected. However, if you remarry, you no longer qualify for payments based on your ex’s record.

Filing the Claim

Before you file an application to receive benefits that are based on your former spouse’s income record, contact your local Social Security office to determine if you meet the eligibility requirements and to learn how much of a monthly payment it is estimated that you will receive. You will have to provide certain personal information, including your U.S. passport or another form of legal identification, as well as your divorced spouse’s identifying information. This can include your former spouse’s Social Security number, name, and any other information you may still have access to, such as a marriage certificate and a divorce decree. If you cannot locate those latter documents, you will need to provide the approximate dates of those events.

You can consult a divorce lawyer to ensure your documents are in order. The Social Security Administration will use this information to look up your former spouse’s work history.

The earliest you can file your Social Security claim is three months before you turn age 62. You can file an online application through the Social Security Administration website or by calling the SSA toll-free If you need an in-person interview with a Social Security representative, you should make an appointment with your local SSA office.

If you are confused by the process of claiming benefits from your former spouse, having the help of a divorce lawyer can be important. Contact the Law Office of Joanne Kleiner at (215) 866-1266 to learn more about the specifics of your case.

Apr 17

Can You Increase Child Support if Your Ex Gets a Pay Raise?

Can you increase child support if your ex makes more?

The courts use the Pennsylvania child support formula to calculate child support obligations. When a parent has a change in their income, the other parent may wonder if it’s grounds for a child support increase. In Pennsylvania, the court may change a parent’s child support obligation because the parent makes more money than they did at the time of the last court order.

Support changes because of income changes

Child support awards are based on the needs of the child and the resources of the parents. The court may consider the entire circumstances when determining what monthly amount to order. Generally, support awards in Pennsylvania are set by a formula. The paying parent receives a calculated offset for the time they spend with the children. In general, the court sets the amount that the parent pays based on the parent’s gross income minus deductions, plus allowances for medical care and child care.

The law allows for a modification of support because of a change in circumstances. A change in circumstances can be a raise. When a parent is aware that the other parent has more income, they may ask for an increase because of a raise. If the court agrees, they may recalculate the amount and change support accordingly.

How to raise support because of a raise

To increase support because of a raise, the parent files a court motion. They fill out a form. The court schedules a conference on the matter. A parent may have the help of a divorce lawyer to assist them in the process of asking for a change in the amount of the order.

The court may ask for proof of income. The court may increase the amount because of a significant change in income. Minor changes are not sufficient. The court can account for seasonal income and even commissions, tips and bonuses. When a parent is self-employed, there are allowable deductions for business expenses. The court may look at detailed information in order to arrive at a true net income that represents the funds that a parent has available to pay support.

Reporting a raise to the court

If a parent has a change in income, they are required to report it to the court within seven days. A parent may ask the court for a hearing if they suspect an income change even if the other parent does not make a timely report. The amount ordered is due each month until the court changes the order. In order to have a change in support, the parent must initiate a review of their case by filing the appropriate motion.

Periodic review of child support

Even if there is no known change in income, a parent may request a review of child support every three years. If it has been three years, the court may conduct a review upon request. During the review, the court ensures that incomes are calculated appropriately and that costs like health insurance and child care are updated. A divorce lawyer may assist a party with presenting information to the court.

Support awards for high incomes

If parents have a combined income over $30,000 per month, an increase in parent earnings may not increase a child support award. There are a number of reasons that the court may deviate from the amount recommended by the child support formula. When parents have an especially high income, it may be grounds for a deviation. The court looks at all of the relevant circumstances including the income of the parents.

Legal assistance for child support if ex makes more money

If you suspect that your ex is making more money, you may qualify for an increase in support payments. But you must take action. Our legal team can help. If you suspect that your ex is making more money, contact the Law Office of Joanne Kleiner at (215) 886-1266 to see how you might increase child support.

Mar 24

Advice for Setting Up a Mutually Beneficial Parenting Schedule

Tips for Setting a Co-Parenting Schedule Without Court Involvement

Determining child custody is an essential part of most divorces. Despite the animosity that spouses might feel toward one another, roughly four-fifths of child custody agreements are decided without judges or other third-party entities getting involved. Considering this widespread trend in the world of divorce, you should have a good idea of how to go about successfully reaching a co-parenting schedule that you and your soon-to-be-ex-partner both agree on without third-party involvement.

1. Understand That Parenting Plans Don’t Just Include Schedules

Parenting schedules determine when and where divorced parents can spend time with their children. In some cases, one party can only visit their children at the other parent’s house. However, most parenting schedules allow the other parent to take custody of their kids for at least one full day every two weeks.

Parenting plans don’t just determine when parents will see their kids. These plans also outline who will be responsible for making important decisions. A few of the most common decision-making topics covered by parenting plans include:

  • School enrollment
  • Medical treatment
  • Health insurance plans

Knowing that parenting plans contain both time-sharing and decision-making agreements could improve your chances of reaching a comprehensive parenting plan that meets your own and your spouse’s needs.

2. Think Outside of the Box

Many experienced divorced parents have found that one-week-on, one-week-off co-parenting schedules aren’t ideal. Although they might seem like the definition of fairness, these alternating-week schedules can cause serious problems down the road. Having your kids for an entire week at a time can force you to incur substantial child care expenses. It can also lead to unnecessary stress, in turn stifling your parental performance.

Ideally, divorced parents who are on good terms allow each other to see their children on off weeks. This is essential to keeping your kids happy and healthy as children typically don’t like going a full week without seeing their mom or dad.

It’s important to create a parenting plan that leaves room for flexibility. For example, maybe you find that it works better to switch custody every two or three days. If you keep an open mind and remain willing to change the plan as needed, you’re more likely to land on an agreement that works out for everyone’s benefit.

3. Be Transparent About Your Expectations and Concerns

Be clear about your custody expectations with your soon-to-be-ex-spouse. Obscuring your goals can lead your former partner to feel wronged, potentially complicating your divorce even further.

If you’re not sure how to approach your spouse with these expectations and concerns, run them by your divorce lawyer. Should you not feel confident disclosing them to your spouse on your own, your divorce lawyer can share these ideas with your spouse in a way that avoids rocking the proverbial boat.

4. Think About Using Co-Parenting Apps

Consumer technology has undoubtedly made some facets of life easier. Many divorced parents have had good experiences with co-parenting apps. These mobile apps and computer programs help you track important documents, organize all co-parenting matters and keep from forgetting essential details.

Co-parenting platforms back up all information shared to secure cloud servers, which hold you and your former spouse accountable. You can share receipts, medical bills and calendar information and keep it all in one secure place.

A Family Law Attorney Could Improve Your Bargaining Experience

If you’re like most parents, you place your children’s well-being and future prospects above everything else. Considering the decades-long effects a divorce can have, you should enter the divorce process prepared to negotiate with the best interests of your children in mind.

Let skilled divorce lawyer Joanne E. Kleiner help you through your divorce. Feel free to stop by our main office in Jenkintown, Pennsylvania, or call us at (215) 886-1266. You can also reach out to us by completing our website’s contact form.

Mar 20

Reasons You Might Keep Paying Child Support After Your Child Is 18

Does Child Support Always Stop When the Child Turns 18?

Each year, roughly $33 billion in child support is paid to families around the nation. If you are one of the many families dealing with child support, you might be wondering how long you can expect to have child support. The answer to this question will depend on a few factors.

Different States Have Various Child Support Rules

The first thing you need to know about child support is that there is no nationwide law in place for when child support ends. Instead, it varies by state. Some states, like Pennsylvania, have the cutoff at 18 while others have it at 19 or 21. In many regions, whether or not the child is in school matters. A child may get support until 19 or 21 in some states if they are still in high school. Typically, your child support will be determined by the state you divorce in. Even if you or the other parent moves to a different state, you may still be bound by the initial child support ruling from your previous home state.

As long as at least one parent is living in the state where the initial child support order was made, that state has jurisdiction over the child support. You will be subject to their rules for when child support ends unless you petition the original state to change your order. If neither parent is living in the state, it is easier to adjust child support. You may be able to petition the court in your new state to get a child support agreement that follows that state’s rules. However, determining jurisdiction for child support can be tricky, so it is a good idea to consult with a divorce lawyer about modifying your agreement.

Children With Special Needs May Require Additional Support

In addition to being in school, another reason for child support after 18 is special needs. When a child has special needs, the court will take this into account with their child support. To continue getting child support after the age of majority, the child must be diagnosed with a mental or physical disability. Furthermore, this disability must be so severe that the child is unable to care for themselves. For example, a deaf child may not need extended child support while a child with severe Down syndrome may need it.

In cases of special-needs child support, there is no set rule for when child support ends. Typically, child support will be an ongoing responsibility that is necessary as long as the child cannot care for themselves. However, these child support duties might not be as extensive as you would assume. Adult children with disabilities are eligible for Social Security benefits, and these benefits will reduce the amount of financial support the parent must pay.

You Have to Follow Any Arrangements From Your Divorce Agreement

When your child support lawyer was helping you finalize your agreement, you may have discussed child support. Many families choose to make their own agreements instead of relying on the basic legal guidelines. In these cases, you will be bound by your divorce agreement. If your agreement included things like paying for support through college, you will be bound by this agreement. While no child support agreement can provide less support than the state deems necessary, the state will not interfere with an agreement that provides more support.

Ultimately, most child support will end at the age of 18, but there are some exceptions that can result in lengthier periods of time for paying child support. Whether you are interested in designing a new child support agreement or modifying your current arrangement, the Law Office of Joanne Kleiner can help. By speaking to a divorce lawyer, you can learn more about your state’s rules and see how child support agreements work. Contact our Jenkintown office at (215) 886-1266 schedule your free consultation today.