Law Office of Joanne Kleiner

attorney

Jun 27

Learning More About Child Support in Pennsylvania

Child support cases in Pennsylvania are governed by the Bureau of Child Support Enhancement, operating within the Department of Public Welfare. The BCSE offers a number of services to qualifying families, including locating the non-custodial parent, establishing paternity, establishing a court order, and helping out with matters related to these types of cases. Parents who need assistance or want to learn more about the available options often benefit from consulting a child support attorney.

Child Support in Pennsylvania

Child support is a court-ordered payment designed to help with the costs of raising a child. The support typically lasts until the child turns 18, but it may last longer if there are mental or physical conditions that require continued support. Parents can come to a mutual agreement and have the judge approve the support order. However, most cases are initiated by one of the parents filing an application for child support with the Domestic Relations Office.

Calculating Child Support

Once the parents are living separately, the primary custodial parent who has the child for more than half the overnights during a two-week period is entitled to collect child support. When the parents have agreed to shared custody and split time evenly, the parent who has the lower income is entitled to collect child support.

The support order may include monetary support for clothing, shelter, and food as well as support for child care expenses, basic education expenses, and health insurance. Extracurricular activities, visitation travel expenses, and extraordinary medical costs may also be incorporated into the support order. Even if a parent isn’t working, he or she can be ordered to pay child support. If the child isn’t in either parents’ care, both parents can still be ordered to pay child support.

Filing a Complaint and Gathering Documentation

Having a child support complaint filed with the Domestic Relations Office is the first step of initiating the process. Afterward, a Domestic Relations Office conference officer will be scheduled for your support conference. Each parent has the right to use legal representation and will be instructed to bring along important documents, including relevant tax returns, pay stubs, medical insurance cards, tuition expenses, day care costs, and documentation of child-related expenses.

Getting a Guideline Number at the Support Conference

With the documents provided at the conference, the DRO officer will collect information on income and expenses from both parties. The information is inputted into the system while you’re still there in the conference room. The computer system generates a guideline number for support from the income and expense data. Pennsylvania has published a child support guidelines table indicating how much the courts believe it would cost to support the number of children if the parties were still living together.

Calculating Support With the Guidelines Formula

Obtaining the monthly net income for each party is the first step of calculating the guideline amount. Net income doesn’t include withheld taxes or similar mandatory withholdings. The incomes are combined and used to look up the total support amount for the appropriate number of children provided on the PA Support Guidelines chart.

The corresponding amount is then allocated to the parents based on the proportion of income each earns in the equation. The amount of support allocated to each parent can increase or decrease based on the time spent with the children or changes to which expenses are being paid for. Often, calculating child support just comes down to putting numbers into the state’s formula.

Getting Legal Assistance With Child Support

However, bringing legal representation to the Domestic Relations Office can still be beneficial. Lawyers well-versed in divorce and family law understand which expenses qualify for an increase or reduction in support. Legal counsel also has experience with asking the right questions to uncover hidden income potentially being concealed by the other party.

Having a lawyer is also helpful for negotiating an arrangement or amount of child support that’s independent of the guidelines. If circumstances have changed, then a child support order can be changed for either party by asking the Domestic Relations Office to schedule a modification conference.

Hire a Lawyer From Our Office

If you want to learn more about child support, how to navigate the legal system, or which options are available to you, then contact our child support attorney today at the law office of Joanne Kleiner. Our Jenkintown family law office can be reached at (215) 886-1266.

Sep 15, 2010

Children Are Often the Victims in a Divorce

Children, especially young children, often believe a divorce is their fault. Parents involved in a divorce can find themselves focusing only on themselves, and forget that their children may be confused, hurt and scared.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

  1. Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
  2. Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
  3. Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
  4. Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
  5. Never use your children as messengers or “go-betweens”.
  6. Constantly reinforce that everything will be all right, especially if the children are young.
  7. Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Jul 14, 2010

Divorce Is Not Just About You

Divorce is an emotional and upsetting time. People going through a divorce are often filled with grief, anger, nervousness, pain and uncertainty. At times like that, it is difficult to think of others. Particularly when children are involved, however, it is vitally important to your family that you focus on the big picture when you are involved in a divorce or other family law matter.

Children will internalize their feelings and often will play off your behavior. Things you say in the heat of the moment may be permanently recorded in the minds of your children. Children may feel that they are being forced to choose between their parents, or that they are being disloyal to one parent when expressing love for the other parent. Moreover, when the dust settles, if you do have children, you will have to continue to co-parent the children for many years. In fact, the reality is that you will have to have some kind of relationship with your ex-spouse on issues regarding the children, as well as special events such as birthdays, graduations, weddings, etc.

If you can muster the strength to step back and see the big picture, your future, your family and your children, then you will be at an advantage and positioned to make excellent decisions. Remember, the decisions you make today will affect your life (and the life of your children) tomorrow. Similarly, the way you handle your conflict today will affect the relationship you have with your former spouse going forward. Your children, as well, will learn from the way you handle this situation.

During a time when emotions can get in the way of reason, it is a good idea to have someone you can trust, confide in, and will be your voice of reason during these emotional times. You need to make sure you understand the consequences of your actions, both the positive consequences and the negative consequences. If you have children, you will want to also make sure you understand the consequences to them.

Decisions about child support, child custody, visitation schedules and the distribution of property can all be related, and the decision regarding one, can affect the others. For that reason, it is highly advisable to retain an experienced attorney to assist you with understanding the legal ramifications of all your options and to advise you based on the knowledge and experience of your attorney.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years experience of family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out an online intake form.