Law Office of Joanne Kleiner

child support

Apr 08

Preparing for Divorce as a Non-working Spouse

How to Approach Divorce if You Are a Non-working Spouse

Divorce can be a lengthy and costly process, and it comes with financial and emotional consequences. For non-working spouses, who often have devoted years to being homemakers, it can be scary as well, as the uncertainties that they face can seem overwhelming. However, they do have options that they should consider as they prepare and begin planning for life post-divorce.

Getting Back on Your Feet Can Take Time

When a marriage ends, you might feel like you want to rush into your new life and forget the past, but the divorce process takes time, and you will need the patience to go through it. The decisions that you make during this period might affect you for years to come, so make sure that you prepare well for it.

You will also need to begin preparing for your life post-divorce, and if you were the non-working spouse, you might worry about how to do this. If you have been out of the workforce for a long time, you might think you need to take the first job you can. However, during and after the divorce itself, you might also look at training and education options that will help you with your employment opportunities. This will take time, but it might result in a better paying and more satisfying job in the long run.

Preparing for the Divorce Negotiations

During this time, you might benefit from seeking guidance from a divorce lawyer, who can help you prepare for the negotiations over your settlement. At thi8s time, you will need to gather financial documents to get a clear picture of the type of settlement that will be just. Some of the documents you might gather include:

  • Bank statements for your savings, investment and checking accounts
  • Credit card statements
  • Vehicle titles and loan statements
  • Property titles and mortgage information
  • Retirement accounts, pension plans and insurance statements

Financial Options for Non-working Spouses During Divorce

You might still be worried about how you will support yourself as you acquire new skills, and this might make you afraid of the future. However, you do have financial options available to you that will help you get back on your feet financially, such as benefits from your divorce settlement, alimony or spousal support and child support.

While alimony payments might eventually run out and child support is used to cover the needs of your child, your settlement might also yield benefits that can help you as you transition back into the workforce. A divorce lawyer might help you understand your financial options.

Making the Tough Decisions

Divorce is also a time when you will have to make tough decisions that will impact you and your family. One of these might be whether to keep the family home or not. For example, for a non-working spouse, it might not be financially feasible to keep the house, so the decision might have to be to give it up during the settlement negotiations or to sell it and receive your part of the proceeds. You need to be prepared to make these tough decisions as you move forward with your life.

Dealing With the Emotional Impact

Like any other major change, divorce comes with an emotional impact. You might experience fear about what is coming and anger about what is ending. You will have periods of anxiety for the future while also being excited about leaving a bad situation. You will grieve for the relationship, the family and the life plan that you have to let go of to begin life after divorce. To deal with this impact, you might gather a support team made up of family members and friends who let you speak and listen to you, and you might seek professional support through therapists or psychologists.

Let the Law Office of Joanne Kleiner Help You

If you are considering divorce, you can contact the Law Office of Joanne Kleiner to request a consultation. Call 215-886-1266 or submit our online form today.

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.

Sep 19

The Impact of COVID-19 on Child Support and Alimony Orders

How COVID-19 Is Impacting Child Support and Alimony Orders

This year, the spread of COVID-19 brought most areas of everyday life to a screeching halt. With more than 45 million Americans filing for unemployment at the beginning of state-ordered shutdowns from mid-March to early April, most households have experienced a change in their employment and, possibly, their finances. Changing finances can affect the households of divorced couples and parents who have informal or court-ordered financial support arrangements in place.

How Covid-19 Is Affecting Spousal and Child Support

Recent spikes in unemployment have caused many people’s incomes to decrease rapidly and unexpectedly. For custodial parents and recently divorced individuals, a sudden reduction in their household income makes child support and alimony payments even more critical for maintaining their lifestyles. At the same time, parents and former spouses who are required to make maintenance payments may find themselves struggling to meet their financial obligations. As a result, both sides are more likely to find themselves seeking legal recourse.

Impacts on Child Custody Arrangements and Visitation

COVID-19’s effects extend beyond financial support orders. People who have court-ordered visitation agreements may be unable to follow their regular schedules due to travel restrictions and health advisories. Parents who typically meet their children in public settings during visits or to exchange custody may find it challenging to find a mutually convenient, safe setting in which they can have visits or pick up their children. In addition to parents facing logistical challenges, courts and administrative agencies must also develop solutions to compliance-related questions.

What Can Custodial Parents and Formerly Dependent Spouses Do?

Every case is different. Therefore, parents who have custody of their children and individuals who receive spousal support should immediately notify their attorneys if COVID-19 is disrupting their child support or alimony payments. In cases in which both adults can communicate civilly, both parties may be able to work out temporary arrangements and abide by them for as long as the pandemic impacts their original agreement. Parties that can agree to modify their agreement should contact their respective lawyers and put the new terms in writing.

What Can Noncustodial Parents and Former Spouses Who Pay Alimony Do?

Parents and individuals who are ordered to make support payments to their former spouses and/or their children may get a reprieve by requesting a modification. If the paying party is unable to agree with the receiving party to temporarily amend the current support order’s terms, the paying party may unilaterally seek a modification in court by filing a motion. To file the motion, the party who wishes to seek a modification should contact a divorce lawyer or, if the parties were never married, a family law attorney who specializes in child custody cases.

Jurisdictional Changes Due to COVID-19

Several jurisdictions across the U.S. are making adjustments to their standard procedures due to the impact of coronavirus. Courts are closed due to social distancing orders. In many cities and states, administrative staff members work remotely and may have modified office hours. Court closures and staffing limitations have led to delays in hearing schedules, and court access may be much more limited than under ordinary circumstances. The responses from different states have been mixed. In some states, courts may be shut down completely, which may result in compounding debt for noncustodial parents who have recently lost their jobs due to the impact of COVID-19 on business operations.

Legal Advice for Support Orders Affected by COVID-19

Whether you have been ordered to make maintenance payments to a spouse or support payments for a child or if you are the court-ordered recipient of support payments, the first step toward seeking legal remedy to challenges presented by COVID-19 is to contact a divorce lawyer. Your attorney will know about the latest updates on how your jurisdiction is currently processing cases that involve support orders. Our Jenkintown, Pennsylvania, divorce lawyer can help you navigate even the most contentious situations while protecting your rights. Call us today at (215) 886-1266 for a case evaluation.

Jul 27

Has COVID-19 Impacted Child and Spousal Support Payments?

How Child and Spousal Support Are Affected By COVID-19

In March and April 2020, an estimated 30 million Americans lost their jobs as a result of COVID-related closures, lockdowns and quarantines issued by local and state governments. If your ex-spouse is among the millions who lost their jobs, they may have decided to stop sending their spousal or child support payments. However, the law doesn’t give them a break because of the COVID-19 pandemic.

COVID-19 Pandemic Impact on Income

Studies suggest that millions of Americans were laid off or furloughed over the past few months due to the coronavirus outbreak. Many of those who have kept their jobs have faced reduced work hours, irregular schedules or even pay cuts. This situation has led to many issues for divorced couples, especially those raising young children.

A decrease in income may cause your ex-spouse to go to court and fight for a lower rate of spousal or child support. If they are earning less money, the court may ultimately grant lower payments. Keep in mind that they can’t decide to do this on their own. A court order that modifies child or spousal support is required for a lawful decrease in your payments.

Ability to Remit Payments

Even if your ex-spouse has continued working during the COVID-19 pandemic, they may have some trouble remitting their payments. Many exes transfer money in person at a social services agency office. Unfortunately, many of these offices have closed or limited their hours due to lockdown measures. The payer may need to petition the court if a judge required them to make their payments in this manner. If your ex-spouse has flexibility in how they make the payment, there are other options. Banks, credit unions, post offices, and money services at grocery and big box stores continue to offer money order services. Cashier’s checks may also be possible.

Paycheck Debits

Some people have a court-mandated paycheck debit for their spousal or child support. If your ex-spouse lost their job, this directly impacts your payments. If you’ve stopped receiving the payments, reach out to your divorce lawyer to find out why. If your spouse qualifies for unemployment compensation, the debit can be done through the state office of unemployment compensation.

Ex-Spouse Gets COVID-19

With the number of COVID-19 cases continuing to increase in most areas of the United States as of July, it’s possible that your ex-spouse could end up getting infected with COVID-19. This could impact their ability to work. If you find out that your ex-spouse is ill, contact your attorney. You may need to request amended court orders for visitation and spousal or child support payments.

Ex-spouse Stops Paying

At worst, your ex-spouse may simply stop paying their support payments if they’re no longer receiving any income. Even during these extraordinary times, this is not within the law. Your ex-spouse is still required to pay you the amount due by the court-established deadline. If you stop receiving the payments you’re owed, contact your attorney for help.

Ask the Court to Intervene

If your ex-spouse decreases their child or spousal support payment or completely stops paying and blames it on the COVID-19 pandemic, seek legal counsel as soon as possible. The family courts are back in session, albeit often using remote hearings and other options to maintain social distancing. Your attorney may need to get the court to enforce the support order. Even if a judge eventually grants a support modification, this is typically not retroactive. Your spouse must continue to meet the current support obligations.

If you’re not receiving the spousal or child support that the Pennsylvania courts ordered your ex-spouse to pay, our divorce lawyer offers help. At the Law Office of Joanne Kleiner, we’re here to protect your rights and ensure that you receive the child and spousal support you need to pay for essential expenses. You don’t need any more stress during these challenging economic and social times. To schedule a consultation with our Jenkintown attorney, call us at (215) 886-1266 or visit our website.

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.