Joanne Kleiner & Associates

child custody attorney

Jul 01

How Child Support is Calculated in Pennsylvania

How Child Support

If you have filed for divorce or have been served with a divorce complaint and there are minor children in the home, one of your first questions will involve child support. Under what circumstances will the court order the payment of child support, who will be required to pay, and how is child support calculated?

Who Pays Child Support?

In Pennsylvania, the parent of a child can request an order of support, whether or not a divorce complaint has been filed, and whether or not the parents were ever married. The support order typically follows on the heels of a custody order. If the court grants physical custody to one of the parents, that parent becomes entitled to support payments. In situations where the parents are not married, the court may require a paternity test before ordering support. It’s important to understand that you can be ordered to pay support, even if you are unemployed, provided you are the non-custodial parent. In addition, it doesn’t matter if the custodial parent makes more money than the non-custodial parent. Child support is intended to ensure that both parents contribute to the financial needs of the child.

The Calculation of Child Support

Either or both parents may be ordered to pay child support, with the court considering the following factors when determining the amount of support:

  • The net income of each parent
  • The earning capacity of each parent
  • The assets of each parent
  • Any unusual needs of the parent or child
  • Any extraordinary expenses

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

May 02

The Legal Process for Relocation with a Minor Child in Pennsylvania

Process for Relocation with a Minor

In another blog, we talked about the restrictions under Pennsylvania on a parent’s right to relocate with a minor child—you must have the approval of the non-custodial spouse, as well as the approval of the court. The process for obtaining this approval is pretty clear cut in Pennsylvania. This blogs lays out the requirements.

Notice to the Non-Custodial Spouse

At least 60 days before you plan to move, you must notify the non-custodial parent of your proposed move. This notice must be sent by both regular and certified mail, and must include:

  • An address and phone number for the new residence
  • The names of anyone who will reside at the new home
  • The name of the school, as well as the school district, where the minor children will attend
  • The date of the relocation
  • Your reasons for relocating
  • A proposed custody and visitation schedule for after the move

In addition, you must provide the non-custodial parent with an affidavit for the other spouse to fill in, allowing them to agree or object to the move and/or the proposed custody arrangement. Your ex must also be advised that they have 30 days to respond to object to anything in your notice.

As the objecting spouse, you must complete and file the affidavit within the specified time (30 days of the receipt of notice of intent to relocate) and you must give the custodial parent a copy of your affidavit objecting to the move.

If an objection is filed, the court must schedule a hearing. The parent seeking to relocate has the burden to establish that the relocation will be in the best interests of the child. The objecting parent can also introduce evidence to challenge that assertion.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Apr 20

Relocating with a Minor Child—Pennsylvania Law

Relocating with a Minor Child

In the aftermath of a divorce, there may be many reasons you want to relocate—a new job, closer proximity to family or friends, or just to start over with a change of scenery. But if there are minor children and you have physical custody, you need to be very careful when considering such a move.

Under Pennsylvania law, you must obtain court approval before you can relocate outside of the state, and even if you relocate inside Pennsylvania, if the distance between your new residence and the non-custodial parent would “significantly impair” that parent’s ability have meaningful access or custodial time with the child. You must also have the approval of the non-custodial spouse or any party with custodial rights to the child.

So what does it mean to “significantly impair” a non-custodial parent’s rights? The first assessment the court will typically make is the extent to which the move would change both the amount of time the non-custodial parent would have with the child, and the ease with which the non-custodial parent would have access to visitation. It’s important to understand that the Pennsylvania child custody laws do not establish any specific distance as a relocation—a move within the same county may (though rarely is) be found to constitute relocation. Conversely, under the right circumstances, a move of a few hundred miles may not qualify as relocation.

It’s also important to understand that these provisions apply whether or not there is a custody order in place. While a parent’s right to take a child out of the state is not as limited, in the absence of a custody order, a parent cannot relocate with a minor child in the absence of court approval and the approval of the other parent, even if no divorce proceeding has been filed.

Contact Us

At the office of Joanne E. Kleiner & Associates, we have more than 25 years of family law experience. We’ll help you stay focused on what matters. To schedule an appointment with an experienced Pennsylvania divorce attorney, contact our office online or call us at 215-886-1266.

Mar 28

Does a Non-Custodial Parent Have to Pay for a Child’s College Education in PA?

Child's College Education

If your marriage ends and there are minor children, you expect that, as a non-custodial parent, you’ll be required to pay some level of child support, so that you actively participate in the financial responsibility of raising the child. But what if your child decides to go to college? Is paying your share of your child’s college education costs part of raising the child? Can the court order you to cover some of those expenses as part of a divorce decree?

The laws governing a parent’s duty to pay for child’s college education are somewhat confusing in Pennsylvania. As a part of your divorce decree, you can always mutually agree to share the costs. Such an agreement will generally be enforceable in a court of law, unless there’s evidence of coercion, undue influence or misrepresentation.

In the absence of an agreement, the law currently does not grant courts the authority to mandate payment of college education costs in divorce proceedings. The Pennsylvania courts did hold, back in the 1960s, that parents could be required to provide support to adult children who were in college. That rule remained in place for thirty years, until the state’s Supreme Court concluded that there was not statutory authority allowing the court’s to make such a determination.

In 1993, in response that court decision, the Pennsylvania legislature passed a law that specifically granted trial courts the power to order payment of college education expenses when parents are divorced or separated. That statute was subsequently challenged and found to be unconstitutional, as it denied parents of divorce the equal protection of the law.

The law remains on the books, though its application has been declared unconstitutional. Accordingly, as a practical matter, the obligation to pay child support in Pennsylvania ends when the child becomes 18 or until the child graduates from high school, whichever is later.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.

Jan 19

Protecting Your Rights as a Father in a Divorce Proceeding

custody of minor children

According to national statistics, less than one in five fathers is granted custody of minor children in a divorce proceeding. That may seem to be strong evidence of a bias in the courts toward mothers, but it’s more often based on a number of other factors.

Was the Mother the Primary Caregiver?

In determining who will have physical custody, the courts always give maximum weight to the “best interests of the child.” One of the first questions the court will ask is “which parent was the primary caregiver?” Courts seek to promote emotional stability for minor children and generally believe that children will best thrive when they have continuity in parenting. So, if the mother spent the most time with the child on a day-to-day basis, was the one who instilled discipline and values, and met the child’s needs, the court will want to perpetuate that relationship.

If you are a father who’s not been very involved in your child’s life, it’s not too late to start. It’s unlikely that you’ll be granted custody, but you may be able to get improved visitation rights. In addition, you’ll be better able to care for your children when they are with you.

Who Stayed with the Children?

Often, a grant of custody to the mother is simply a legal recognition that, as a part of the divorce proceeding, the mother stayed in the marital home with the children and the father left. Unfortunately, this often happens before the court orders either of the parties to leave the marital home. The reality is that, though it may be difficult to stay under the same roof with your soon-to-be ex-spouse, there’s no legal requirement that you leave until there’s a court order requiring you to do so. Furthermore, if you leave the marital home, it will be difficult for you to have the same bond with your children as their mother does, since she is with them almost all the time.

Contact the Law Office of Joanne E. Kleiner & Associates

For an appointment, contact our office online or call us at 215-886-1266. Let us use our experience, skill, knowledge and resources to help you make informed and effective decisions.