Divorce

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.

Jan 23

Here’s Why Married Couples Delay Divorce Until the New Year

Reasons to Put Off Divorce Until New Year Rolls Around

Divorce agreement sales from March to June 2020 rose 34% from the same three-month period in 2019. The American Family Survey, a national survey held in part by Brigham Young University, found that 34% of married people said the COVID-19 pandemic increased stress in their marriages. Despite these alarming statistics, early state reports indicate that year-to-year divorce rates are down — are couples waiting for 2021 to file for divorce?

Keeping Children in Mind

Children look forward to Christmas as the most magical time of year. One poll found that 48% of respondents under the age of 18 consider Christmas their favorite holiday. Although it might feel like kids don’t value Christmas for the right reasons, children should never be robbed of a great Christmastime experience.

It’s true that children in split families can look forward to two sets of presents. After a divorce, parents typically need months to get settled into their new lives. Initiating divorce proceedings before the new year can ruin the magic of Christmas for children. This is arguably the No. 1 reason why waiting for the new year is the best time to get a divorce.

Holidays Are Filled With Emotions

As you already know, kids love Christmas. Many adults look forward to the holidays, too. Thanksgiving, Christmas, and New Year’s Eve offer back-to-back-to-back opportunities to take time off from work, visit family members, and enjoy countless home-cooked dishes.

Starting in early to mid-November, society collectively gears up for the holidays. City governments put up Thanksgiving and Christmas decorations around town. Advertisers run ads that mention the holidays. Social media fills up with mentions and pictures of fun, family-friendly holiday activities.

Even if you personally don’t celebrate these holidays, there’s arguably no way to avoid festivities. The holidays are typically associated with happiness, joy, and cheer, and breakups and divorces during Christmastime can evoke particularly negative emotions.

By agreeing to postpone divorce until the new year, you set yourself up for a much less stressful holiday season.

End-of-Year Divorces Can Lead to Unexpected Expenditures

The holidays are inextricably tied to consumer spending. Since you like making family members, friends, and co-workers feel special, you want to buy them nice gifts. Although you might not spend too much on each gift, the costs eventually add up.

According to the National Retail Federation’s annual holiday spending survey, the average American shopper plans to spend $998 on gifts and other holiday-related items.

Well over half of all married couples use the same bank account. It’s easy to unexpectedly spend more money than you initially planned during the holidays. During a divorce, however, soon-to-be ex-spouses may go on spending sprees just to spite their partners.

If you’re contemplating when to get a divorce, saving money is likely one of your greatest concerns. Avoiding a divorce around Christmas is a surefire way to save money.

Splitting Year-End Bonuses

Many workers receive year-end bonuses as a means of incentivizing high performance. Typically, employers need end-of-year sales data to determine whether employees receive bonuses or not.

If you receive your bonus before getting divorced, your spouse will likely be entitled to half of it. In most cases, after you formally file for divorce, you don’t have to share your earnings with your partner. If you’re expecting a big bonus, that’s yet another reason to delay your divorce until January.

Let a Divorce Lawyer Help You Through Your Divorce

Divorce is usually a difficult process. Fortunately, waiting for the new year can make divorce a little bit easier. Keep these benefits of delaying divorce in mind while assessing your own situation.

If you’re currently considering divorce or have recently been asked for one, we’d love to speak with you. Here at the Law Office of Joanne Kleiner, we focus on family law and divorce proceedings. Although divorce is notorious for being a long, difficult process, it doesn’t have to be. Our goal is to make the divorce process as seamless as possible.

The Law Office of Joanne Kleiner is located in Jenkintown, Pennsylvania. To schedule a confidential consultation with divorce lawyer Joanne Kleiner, give us a call at (215) 886-1266 today. You can also fill out our secure online intake form to get started.

Oct 20

Don’t Rush Into a COVID-19 Divorce

Ready to Divorce After Quarantining? Consider These Three Things First

When U.S. cities and states began implementing COVID-19 quarantines in March, many relationship analysts predicted that marriages would suffer under the strain. Now it appears that gloomy forecast could be coming true. A recent online survey found that 31% of couples believe the quarantine caused irreparable harm to their relationship.

It’s No Surprise Divorce Rates Are Up

Family law attorneys and marriage counselors say it’s easy to understand why the quarantine was hard on relationships. The hustle and bustle of everyday life made it easy for some couples to ignore relationship warning signs. However, once they were forced to spend weeks or months in a confined space together, they could no longer escape their relationship problems. Add stresses like financial worries, unemployment fears, boredom and health anxieties to the mix, and many couples were pushed to the breaking point. Internet statistics show that divorce-related web searches spiked during the lockdown period, and divorce attorneys across the country are reporting an uptick in divorce inquiries compared to previous years.

If your marriage suffered during the pandemic, you may be ready to call it quits. However, there are three important things you should consider before making your divorce legal.

1. Is This Is Really the End?

Divorce can be a long, disruptive and expensive event. If there is any chance that you can reconcile with your partner and work toward a happy marriage, you may benefit from doing so. Marriage counseling could help you and your spouse resolve conflicts and get your relationship back on track. Many therapists offer virtual sessions, which is ideal for couples who are still in quarantine or want to maintain social distancing. However, not all marriages can be saved. If you believe your relationship is beyond repair, it’s better to end things and move on. You can start the process by contacting a Pennsylvania divorce lawyer and scheduling a consultation.

2. Understand That Your Life Will Change

Once you decide to divorce, you need to understand that your life will never be the same. The end of a marriage marks the beginning of a new life. Some of the changes will be good, but some could be unexpected and painful. For example, you may feel relieved when your partner moves out of the family home, but you might also find it difficult to maintain the property on your own. Meanwhile, you may love the peace and quiet that comes with separation, but you might struggle with your new identity as a single person or find that you lose friends over the split. Divorce causes many conflicting emotions and unforeseen social changes, and you need to be prepared for all the ways it could impact your life. A divorce lawyer might be able to help you identify some of these changes and make sure they are addressed during settlement negotiations.

3. Get Your Finances in Order

Even in the best of times, divorce is expensive. However, the COVID-19 pandemic could add an extra layer of financial risk. The threat of unemployment, rising health care costs and depleted retirement accounts could make it difficult to fairly divide assets. Because of this, it is essential that you fully understand your financial situation, including your income, assets and liabilities, before you enter divorce negotiations.

You need to create a realistic post-divorce budget and determine how you will pay for it on a single income. It might be necessary to change jobs, move into a smaller home, reduce discretionary spending or sell assets to stay within your means. Whatever the situation, having a clear financial picture will make it easier for you to negotiate a fair divorce settlement. It will also help you set realistic expectations for your post-divorce life.

The Law Office of Joanne Kleiner could help you navigate your divorce during the COVID-19 pandemic and offer essential advice on asset division, child custody, child support, spousal support and other important divorce legal issues. To set up a consultation, please contact us through our website or call our Jenkintown office at (215) 886-1266.

Jun 27

Are More People Getting Divorced Due to COVID-19 Lockdowns?

How Lockdowns Are Affecting Divorce Rates

With roughly 2.6 billion people under some form of lockdown by the end of March 2020, the COVID-19 pandemic has greatly altered daily routines. Various stay-at-home orders mean that many couples are now spending all their time together. Here is what you need to know about how these lockdown measures are influencing divorce cases.

Interest in Divorce Rises Following Lockdowns

On average, about 40% of first-time marriages end in divorce. However, COVID-19 divorce statistics show that these rates may be on the rise. In countries where lockdowns have already ended, like China, there have been record-high numbers of divorce filings. Even in regions where couples are still stuck at home together all the time, there are already signs that divorces are more likely to happen. Many divorce lawyers already report that they have had an unusually high number of people inquiring about divorce. The exact rate of divorces due to lockdown still is not known. However, many analysts agree that by 2021, there will be a huge increase in divorce rates.

The Reason Lockdown Is Causing Divorces

At first glance, it does seem like people under lockdown are more likely to get divorced. However, this does not mean that the lockdown itself is directly causing divorce. Instead, it means that already unhealthy marriages are more likely to end now. For most people, realizing a relationship has run its course is a long, drawn-out process. However, the stress of lockdown is speeding up this process.

For some, the financial and health worries of the global pandemic are exacerbating underlying problems. For example, a partner who tends to have some anger management problems might get worse now. Some spouses are constantly arguing and berating to relieve their own stress. In other cases, the lockdown might just give couples more time to realize they are no longer compatible. It is easy to ignore personality differences when you and your partner are busy and separated all day. However, when you have days spent together doing nothing, it can be easier to realize that romance has left the relationship.

Another sad reality is that the lockdown is forcing many people to be with their abusers nonstop. Globally, there are estimates that domestic violence cases have almost doubled during the lockdown. This lockdown domestic violence rise may be a wake-up call for some, making them realize their abuser is never going to change or get better.

The Rate of Finalized Divorces Is Lowered

Though more people than ever are realizing they need a divorce, this does not mean there has been an immediate and drastic spike in lockdown divorce cases. Instead, many people say they are putting off divorce until after the stay-at-home orders end. For those in a safe home environment who have children to consider, this may be a smart choice for the family. It could make it easier to avoid challenges like child care or finding a new home during the pandemic. However, in cases where there is a lot of violence or acrimony, it may be a good idea to go ahead and start the process of divorce. Divorce is always a slow process, and right now, family courts are not operating at full capacity. Even once courts start running again, it will take a while for them to get through their backlog of cases. This means that most couples who have realized they want to start the divorce process now will probably need to wait at least three to four months to get into court.

In many cases, waiting until after lockdown to get a divorce is not always possible. Therefore, you may want to go ahead and speak to a Pennsylvania divorce lawyer. Our attorney at the Law Office of Joanne Kleiner is currently working from home and providing remote consultations. We are familiar with handling the complexities of child custody, spousal support, asset division, and more. If you are a resident of Jenkintown who would like to learn more about starting the divorce process, go ahead and give us a call at (215) 886-1266.

May 05

Tips for Successfully Sharing a Home With a Former Spouse

Moving on From a Relationship Without Moving Out

The overall divorce rate in the United States is anywhere from 30 to 50% depending on where you get your information from. Younger Americans are less likely to get divorced while older Americans have seen their divorce rates increase dramatically since 1990. However, you may find that you’re stuck sharing a home or an apartment with your former spouse for months after the divorce is finalized.

Make Sure to Create Your Own Space

One of the most important parts of sharing a home with a former spouse is ensuring that you have a space to call your own. For instance, you could choose to claim the guest bedroom that has the bathroom attached to it as your own little apartment. You might also consider staking claim to the finished basement that has its own entrance and exit. Even setting up separate sleeping arrangements on the living room couch can be enough to create physical space. Taking such a step can minimize the amount of contact that you have with your former husband or wife and allow you to process your emotions in private.

Don’t Expect to Rekindle the Romance

If you are still friendly with your former spouse, it may be possible to share meals, have movie nights or otherwise spend time together at home. However, it is important that you create limits as to how friendly you get with this person. If one person mistakes a kind gesture such as making dinner or sharing a blanket for an attempt to reconcile, it could result in hurt feelings.

Hurt feelings could lead to arguments that may make it difficult to peacefully share a home. Furthermore, attempting to reconcile when your former partner isn’t interested in doing so can prevent you from truly getting past a relationship and moving on with your life.

Keep Lines of Communication Open

Living with someone means that you are likely responsible for paying a portion of the rent or buying groceries. You might also be responsible for making repairs or ensuring that the home remains clean. It is important that you understand what your responsibilities are around the home and what your current housemate will be responsible for.

In some cases, it may be a good idea to create a formal lease or similar type of written agreement. Effective communication can help ensure that rent or mortgage payments are made on time or that the home is in good enough condition to be sold when the time comes to put it on the market.

Don’t Abdicate Your Responsibilities as a Parent

If your children are living with you and your former spouse, it is important that you provide a nurturing and positive environment for them. This means helping them with school assignments or comforting them when they are upset or nervous about the future. It is often a good idea for you and the child’s other parent to work together whenever possible to provide stability for your son or daughter.

Know That Help Is Available

The COVID-19 pandemic has made it difficult for people to do little more than go to the grocery store or take a walk around the neighborhood. Although you may not be able to venture far from home, it doesn’t mean that you can’t get in touch with a mental health counselor when you’re feeling isolated.

If you are being threatened by your former spouse, you can attempt to call the police or a local domestic violence hotline to get help. Those who are unsure of how to solve a problem with this individual can also call friends or family members for moral support or guidance. Finally, a divorce lawyer may be able to provide insight into what resources are available when you run into a problem of any kind.

When you need a divorce lawyer, feel free to contact the Law Office of Joanne Kleiner in Jenkintown by calling (215) 886-1266. You can also contact the firm by sending a fax to (215) 886-2670.