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Divorce and Family Law Office of Joanne Kleiner

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Sep 11

Protecting Your Child From the Trauma of Divorce

Shielding Your Children From the Impact of Divorce in Pennsylvania

Approximately 10 percent of all marriages in Pennsylvania end in divorce, and if yours is among them, one of the hardest aspects will probably be telling your children. In order to minimize the emotional trauma your son or daughter is likely to feel when you make this announcement, it’s important to deal with the legal issues surrounding your marital dissolution as amicably as possible under the circumstances. An experienced Jenkintown divorce lawyer can help you negotiate the custody agreement, visitation schedule and child support obligations that are right for you and your family.

Issues That Should Be Addressed

Very few couples arrive at the decision to divorce without a great deal of deliberation. Here are the four main legal issues that need to be resolved as you move forward with a marital dissolution:

  • Type of divorce
  • Child custody
  • Visitation
  • Child support

The unique structure of Pennsylvania’s divorce statutes will have a large impact on how you and the other parent negotiate these issues.

Types of Divorce in Pennsylvania

A Pennsylvania court will only grant a divorce if one of the spouses has resided in the state for at least six months. The court recognizes three categories:

 

  • Divorce by mutual consent
  • Divorce following a two-year legal separation
  • Divorce on grounds of adultery, bigamy, physical or mental cruelty, abandonment without cause for one year or longer or imprisonment for two years or more

A no-fault divorce that takes place through mutual consent will require approximately four months to process in Pennsylvania. Couples who choose this route generally maintain more control over other parts of the divorce settlement. This option is typically better for children because it minimizes the adversarial components of the marital dissolution.

To pursue a no-fault divorce by mutual consent, both you and your spouse must agree that your marriage is irretrievably damaged so that neither of you contests the action. Courts will impose a mandatory waiting period of 90 days between the time the pertinent paperwork is filed and the time that the divorce decree is signed.

Parenting Plans

If you and your former partner can agree on a plan that covers the terms of custody and how parental decisions are to be made, the family court system will generally abide by the choices the two of you have arrived at together.

Your parenting plan should be as complete as possible, and it should consider the best interests of the children over the individual interests of either parent. The most important decision you and the other parent will make is the one regarding custody. Legal custody and physical custody are usually considered separately in Pennsylvania courts. If the court feels that two parents are able to cooperate even minimally in making decisions concerning their child’s education, religion and medical care, then shared legal custody is often granted. Otherwise, one of the parents will be granted sole legal custody.

Physical custody is defined according to the stipulations in Pennsylvania Statute Title 23 Pa.C.S.A Section 5328(a). This statute defines four types of physical custody, and it also addresses the visitation rights of noncustodial parents:

  • Sole physical custody: The child lives with one parent alone, although the other parent will probably have visitation rights since Pennsylvania recognizes the importance that contact with both parents has on a child’s emotional development and well-being.
  • Primary physical custody: The child spends most of his or her time with one parent. The other parent will have visitation rights in most cases.
  • Partial physical custody: The child spends more time with one parent than the other.
  • Shared or joint physical custody: The child spends frequent amounts of time with both parents. Pennsylvania family courts often use this designation even if the child spends slightly more time with one parent.

A Jenkintown divorce lawyer can explain the effect that Pennsylvania’s divorce laws may have on your family’s unique set of circumstances and assist you in drawing up a parenting plan. Call (215) 886-1266 today to contact the law office of Joanne Kleiner in Jenkintown so that you can set up a consultation.

Aug 28

How to Share Responsibilities for a Young Child’s School Activities

Who Is Responsible for School-Related Child Issues After Divorce

In 2016, the marriage rate was 6.9 per 1,000 individuals, and the divorce rate was 3.2 per 1,000 people. Overall, about 40 percent of first marriages end in divorce, and the rate is higher for second and subsequent marriages. Many of those divorces include households with young children who attend school, leaving parents with some tough choices regarding who will be responsible for handling school-related activities.

Deciding on a School District

If you and your ex-spouse both reside in the same school district, you may still need to decide on whose address to use as the primary address for your child. If one parent lives in a much better school district, you may have to work out the residency in your custody arrangement. This could be the situation if you share custody and parenting responsibilities. If one parent has primary custody, then that parent’s address is typically the one used for school purposes. The address is important because school district borders may vary based on which side of the street you live on.

Attendance at School Functions

When working with your divorce mediation lawyer, many of the scheduling issues between you and your ex-spouse will be negotiated as a part of the child custody arrangement. However, some issues may need to be directly specified in the arrangements. Attendance at school functions is one of those topics. Schools encourage parents to attend special events such as open houses and plays. If you do not want to attend the events simultaneously, work out an arrangement based on whom the child is with on the day of the event. You could also work out something different, such as an arrangement where one parent goes to daytime functions and another goes to evening functions.

Parent and Teacher Conferences

Parent and teacher conferences are an important part of the educational process. They allow you to find out how your child is doing socially, academically and functionally in the school environment. If you have a shared custody arrangement, consider going to a conference together or arranging separate times to both meet with your child’s teacher. This is especially important if your child stays with you and your ex-spouse during the school year.

Child Discipline Problems at School

You will also need to decide on who will be the point of contact if your child has a discipline problem at school. In this situation, you might have meetings with the school’s counselor, principal and teacher. Both parents may be asked to attend. If you and your ex-spouse prefer, you can arrange so that just one of you will handle these situations if they arise.

Pickup and Drop-Off Responsibilities

Part of your child custody arrangement may include who is responsible for getting your child to and from school each day. If you share custody and switch off different days of the week, this information will need to be provided to the school. If your child will ride the bus and use different school bus routes and stops based on whose house they are going to that day, this information must also be communicated to the school.

Emergencies and Unusual Events

You also need to have a plan with your ex-spouse about how to handle emergencies and unusual events. For example, if your child gets sick during the school day, you will need to know in advance who will pick up the child at school. This might be based on work schedules or which parent is caring for the child that day. You should have a plan in place for situations such as weather hazards that result in school closures, delays or early dismissals. Have a plan for handling school lockdowns and emergency building closures that are due to utility disruptions or widespread illness.

Joanne Kleiner is a skilled divorce mediation lawyer who can help you work through all of these issues. To schedule a consultation, contact us at Joanne Kleiner & Associates by phone at (215) 886-1266. You can also visit our law office in Jenkintown in person to make an appointment.

Aug 14

What You Should Know About a Separation Agreement

What a Separation Agreement Entails

If you’ve been living apart from your spouse and you’re on your way toward obtaining a divorce, you may want to think about a separation agreement. Over 30,000 divorces occur every year in Pennsylvania, many of which may have likely progressed without much issue because of a separation agreement. While not every separated couple is able to make this type of agreement, it could benefit you and your situation in a variety of ways.

What Is a Separation Agreement?

Although a separation agreement can be created before or after you file for a divorce, it’s commonly written up before the divorce occurs. This agreement is a written contract between both spouses that determines how property is going to be divided, how custody or alimony is to be arranged, and what your rights are. This type of agreement is legally binding and can be used once you file for an actual divorce. This contract serves as an agreement to all of the issues that can typically cause a divorce case to be a lengthy one. It is usually made after the two spouses have been separated for a lengthy period of time.

Since each spouse must agree on every single detail of the separation agreement, both parties will need to sign the document before it is considered to be binding. While the issues mentioned previously are the primary ones that must be detailed in a separation agreement, spouses can place anything they want into the agreement. For instance, some people choose to address such issues as what religion any children will formally practice or how any family pets will be taken care of. People choose to place these issues into a separation agreement now so that one spouse can’t change his or her mind later on. If one party attempts to do the opposite of what was agreed upon, the separation agreement serves as a legal document that may be useful.

How a Separation Agreement Can Help With Uncontested Divorce

Uncontested divorces are ones where you and your spouse have agreed to all of the particulars of a divorce, including custody time and the division of property. A separation agreement effectively turns your divorce into an uncontested one. Spouses who make these agreements before going to court are usually able to avoid having to eventually go to court to contest the divorce. The separation agreement that you fill out along with the other divorce paperwork will need to be agreed to by a judge.

The only instances where a judge will not abide by the separation agreement are when he or she believes that one party signed the document when under duress or he or she feels as though the terms are entirely unfair to one of the spouses. The exact process that occurs with an uncontested divorce depends on the specific details of the case. The process is simplified when there are no children involved or the assets that must be divided are small.

How a Lawyer Can Assist You With a Separation Agreement

Even though a lawyer is not always necessary for a separation agreement, there are a variety of ways in which a lawyer like ours could help you with your case. Lawyers who have experience in divorce law understand all of the facets of a separation agreement, which means that you can be counseled on these matters if ever necessary. Our lawyer can provide you with all of the information you require about a separation agreement as well as an uncontested divorce.

While the willingness of two parties to sign a separation agreement is a positive step in regard to the divorce process, it’s also a complex one that may require close attention by a lawyer who understands Pennsylvania law. Given the legal rights involved in a separation agreement, you may want to seek out our attorney to help you throughout the process. Sending us information about your case will allow us to identify what options are available to you.

When you’re searching for information about uncontested divorces for your own situation and you require counsel, call Joanne Kleiner & Associates in Jenkintown at (215) 886-1266.

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.

Jun 13

How to Prepare for a Contested Divorce

If you are thinking of filing for divorce, know that you are not alone. Studies show that the chances of a marriage in the United States ending in divorce are between 40 percent and 50 percent. Although some divorces can be settled amicably, it’s also possible for the divorce to be contested, which can be a lengthy affair that is best settled with the assistance of a divorce lawyer or child support attorney because when children are involved, custody and visitation rights will need to be determined as well as the amount of financial support they’ll require.

Ascertain the Value of Assets and Income

When it has become impossible for you and your spouse to agree on how you’re going to split the assets or how much child support is necessary, you’ll probably find it best to have an experienced attorney by your side who can help protect your specific interests. However, there are a number of steps you can take to prepare for your case and be ready when the divorce proceedings begin. One of the most important aspects of progressing smoothly through a contested divorce is to accurately determine the assets and income you have.

When it comes to your assets, it can be easy to forget which items are owned by you and which are owned by your spouse. This can be particularly difficult if you’ve never handled the family finances. When you are thinking of getting a divorce, the first thing you need to do is identify which assets are yours. Look for any bank statements you can locate and find out all that you can about who really owns the home that you live in and the cars that are in your driveway. Copy any document you believe is important to identifying your complete assets. You also need to be aware of your specific income level, which is something that your recent tax returns will assist you in identifying.

Focus on Custody

If you have children, some of the most important facets of the divorce proceedings will include child support and child custody. We’ll try to make sure that all the medical and educational needs of your children are taken into consideration when determining the best course for both custody and visitation. In the case of child support, it’s important that you include all your sources of income in order to identify the level of financial assistance that’s necessary.

If you believe that custody will be contested along with other aspects of your divorce, consider starting a journal about all the important events that have recently happened in your child’s life. This can be important if you have some safety concerns regarding the other parent. A journal will allow you to keep track of all the details you might otherwise forget if you don’t write them down. Keep recording any pertinent details even after the divorce proceedings have started. It can sometimes prove to be very helpful.

Seek the Counsel of an Attorney

In some situations, it may be possible to get through a divorce without retaining an attorney. This might be true in cases where mediation is possible as a means of dividing the assets and an agreement can be reached regarding child custody and support. However, if any of these important aspects is in dispute, it would probably be wise to arrange legal counsel. Before you seek out an attorney, make sure that you are organized and have everything you believe you’ll need for a contested divorce.

When you already have a binder or folder filled with what you believe to be the essential documents related to your case, it’s possible that you can save money on the expenses associated with litigation. An experienced attorney from our practice will understand how Pennsylvania law relates to your circumstances and attempt to achieve a favorable outcome for you. Our firm will guide you through this process and try to minimize the stress you experience as the divorce proceeds.

If you are considering filing for divorce and expect the matter to be contested, call the law office of Joanne Kleiner to schedule an appointment. We’ll arrange a consultation for you with our divorce and child support attorney so that you can determine whether our services are the right fit for your needs. Our office is located in Jenkintown, and we can be reached by phone at 215-886-1266.