Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

May 18

What is a Certified Divorce Financial Analyst?

A Certified Divorce Financial Analyst, or CDFA, is a financial professional who can help with all the financial details pertaining to your divorce. This person typically works alongside a divorce lawyer and has a background in finance or accounting. CDFAs undergo special training to become certified, so they can offer essential advice on all financial areas of a divorce.

Why You Should Hire a Financial Planner for Your Divorce

Going through a divorce is difficult enough. However, there are always many aspects to consider during this time. Finances rank as one of the top reasons why married couples end up ending their marriage in the first place.

Women, in particular, are often concerned about the financial aspects of a divorce. If you are going through a contested divorce, things can get sticky when you want your fair share. A certified financial planner can be a valuable tool to have on your side. There are a few benefits to hiring this professional to help you through the process.

A Financial Analyst Can Save You Time

On average, a divorce in the United States takes around one year to finalize. A CDFA can help explain all the pertinent financial aspects of your divorce. This can save you precious time when you know what to expect concerning separation, spousal support and child support if your marriage produced children. You will have the advantage of being able to make better decisions about finances throughout the divorce process.

A CDFA Can Save You Money

In addition to helping their clients understand more about their basic expenses, financial professionals can also save you money. By giving you a better understanding of all the consequences of your financial choices, you will be more knowledgeable about how to make better decisions about your finances.

A Finance Professional Can Help You Avoid Long-Term Financial Problems

Working with a financial planner during your divorce can help you avoid certain long-term financial problems once you are single. CDFAs can inform you about the long-term effects they foresees in your divorce settlement. They will provide you with details about benefits and tax liabilities alike. This can help you avoid pitfalls that you might otherwise be susceptible to if you did not have a financial professional on your side. The issues a financial analyst can coach you about include events in the immediate future as well as those well into the future, such as your retirement.

An Analyst Can Help You Devise a Budget

Your financial professional can help you create a budget for your monthly spending, which can help you stay in check after your divorce has been finalized. This type of advice is practical and can keep you better balanced in terms of your money and expenses. Items such as rent, health insurance, life insurance and other basic living expenses are taken into account.

A CDFA Can Reduce Problems During the Divorce

A financial professional can also reduce certain problems that can arise during divorce proceedings. It is quite normal for confusion, misunderstandings and nervousness to occur during this stage of your life. Many people who legally end their marriage have a false sense that they will be able to obtain divorce settlements that will allow them to continue enjoying the type of daily lives they led while married. Their former spouses may have a different attitude about this, and as a result, issues can arise. Your financial professional can help ease your mind and allow you to retain stability with your finances while preventing financial mistakes from happening during the proceedings.

While a divorce lawyer is definitely an essential asset to have, you will want a financial professional on hand as well. The former is skilled in the area of the law may not know everything that a CDFA does. Having the two professionals working together on your divorce case can ensure that the proceedings go more smoothly so that you can have a positive outcome.

If you live in Pennsylvania and are going through a divorce, contact the Law Office of Joanne Kleiner for a consultation. Our office is located in Jenkintown and can be reached at (215) 886-1266.

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.

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.