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Divorce and Family Law Office of Joanne Kleiner

Amicable Divorce Attorney

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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.

Mar 15

Take Care if You Are Involved in a Divorce Just Before or After Retirement

Crossword with IRA 401K

According to statistics, the rate of divorce among older Americans has more than doubled in the last 20 years. Even though these proceedings seldom involve disputes over child custody, visitation and child support, there can be other factors that make elder divorce proceedings complicated and time-consuming, such as the increased size of the marital estates and the allocation of retirement assets.

It’s Mostly in the Details

A primary concern in elder divorce cases involves the marital home. There may be substantial equity in the property, money that may be a key component of your retirement planning. When you divorce, one option may be to sell the home and split the proceeds. There are, however, potentially adverse tax consequences to this approach. Take the time to discuss the matter with your tax adviser and your lawyer before you do anything.

Whether you have already retired and have substantial retirement plan assets and are at or near the end of your working life, you need to be extremely careful how you divide retirement or pension plan assets. If you have an IRA, you can usually split the value and transfer a portion of the funds over into a new IRA without any adverse tax consequences. However, if you have a 401(k), 403(b), or other qualified plan, you’ll want a Qualified Domestic Relations Order (QDRO) or you will likely have a tax consequence on the transfer.

It’s also important to review your life insurance coverage as part of a late-in-life divorce. If you own the policy, you will need to designate a new beneficiary.

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.

Feb 24

Property and Divorce in Pennsylvania

Moving boxesPennsylvania is what is known as an “equitable distribution” state when it comes to the division of marital debts and assets pursuant to a divorce. Essentially, that means that, if the parties cannot come an agreement on their own with respect to how marital property will be allocated, the court will attempt to divide the property “equitably” or fairly, but not necessarily equally.

When the court attempts to discern what is fair or equitable, the judge can consider a wide range of factors, including:

  • How long the parties were married—generally, the longer the marriage, the more likely that the property will be divided equally
  • The respective ages, health, income, work skills, ability to be gainfully employed and assets of each party
  • Whether or not one spouse contributed to the other’s education, training or increased earning power by maintaining the home or giving up a career to allow the other spouse to advance
  • The total income sources for both spouses, including access to retirement funds, medical insurance, annuities and other revenue
  • The value of any property that belongs only to one spouse
  • The extent to which each spouse increased or decreased the value of marital property
  • The future opportunity of either party to obtain assets or increase income
  • The standard of living to which the parties were accustomed during the marriage
  • Whether or not one party has custody of minor children

The court will not factor in any allegations or evidence of adultery, domestic violence or other marital misconduct. Furthermore, until the divorce is finalized, the court may make any temporary property allocations, including a determination as to who may live in the marital home.

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.

Feb 10

Fighting Parental Alienation in Pennsylvania

Fighting Parental Alienation

In the aftermath of a divorce, when emotions are still raw, you can have an overwhelming desire to punish your ex-spouse. Often, unfortunately, that can take the form of disparaging your spouse in front of your children or taking actions designed to minimize or alienate your child’s affections for the other parent. It frequently works, causing the child to resist visitation. Even when it doesn’t work, it can have a devastating impact on children, who feel caught in the middle.

Ways to Protect Yourself from Alienation of Parental Affection

One of the first ways to protect yourself from parental alienation is to ensure that you get joint or shared legal custody as part of the divorce decree. Legal custody refers to decision-making about the important aspects of your child’s life, such as discipline, education, health and religious training. Joint legal custody ensures that one parent doesn’t make all those decisions to the detriment of the other parent.

If you have joint legal custody, but your ex-spouse either refuses to recognize it or engages in behavior that is contrary to the court order, you can ask the court to find your ex-spouse in contempt. The signed divorce decree is a court order with the force of law and the violation of that order can result in sanctions from the court, including fines and even jail time.

Another way to try to prevent parental alienation by your ex is through a protective order. Typically, protective orders are put in place to address instances of domestic violence or abuse, but the court has the discretion to either issue an order that specifically addresses parental alienation or include provisions prohibiting that behavior in any other protective order. Violation of a protective order is generally considered contempt of court and can result in fines and/or incarceration.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

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.